PATERNITY DETERMINATION, SHAYKH (DR) SHAROF GBADEBO ROOJI 

Questioner: A person asks, ‘If a woman gives birth to a child and her husband is doubtful about the paternity of the child…’

Dr Sharof: Cuts in…She bore him the child or she brought him the child?

Questioner: Perhaps she lives with the man, and perhaps she is wayward.

Dr Sharof: (You mean) she bore him the child.

Questioner: Yes, but he is doubtful about the paternity of the child. Secondly, if the woman declares that the child is not for him, what should the man do?

Dr Sharof: Do such things happen?

The Congregation: Yes

Dr Sharof: A person marries a wife, following the prescribed way of Allaah and His Messenger, his wife gives birth to a child and the man is doubtful about the paternity of the child or the wife herself declares that she bore the child for other than him; this person is asking about the ruling regarding this. This is very clear. If she was legally married, that is, in accordance with the Sharee’ah, every child she gives birth to as long as she remains his wife, he is the father of the child. If she claims that some of the children are not your children, ignore her because you’re the father of all the children. I hope you understand; this is the Shar’i ruling. Every child your wife gives birth to as long as she remains your wife, the Sharee’ah says you are their father. If she claims ‘so and so’ is the father of ‘so and so’ child, don’t be bothered. If the one she ascribes your child to has the effrontery, let him come and claim the child. That is the ruling of the Sharee’ah. The husband is the one who has the child, the fornicator who fornicated with the woman would be at loss. This implies that if you have a child who is about 30 to 40 years old for example, and all of a sudden her mother claims that other children are for you but this one is for other than you, and she takes the child to a man; the man asks him to come in and says ‘I am your father’, is this to be accepted? Never! The man who married the wife legally is the one who owns the child. That is the ruling of the Sharee’ah. So for this reason do not deceive yourself that you would prove anything to your husband. You’re only deceiving yourself; the man is the owner of the children. This means that another man could be the means to your child.

The Congregation: Laughing mode activated!

Dr Sharof: So this means another man may be the means to your child. That does not mean they have done a good thing, but according to the Sharee’ah you’re the owner of the child. May Allaah bless the child for you! That is it.

[SOURCE: ‘CONCEPT OF NIKAAH 4’; TIME: ’47 minutes 54 seconds to 50 minutes 54 seconds]

Translated by Aboo Aaishah Al Odeomeey

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