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Am I a Legitimate Son?

10 August, 2017
Q As-salamu `alaiykum. My question is one that I ask with a heavy heart, and I honestly fear that there may be consequences of its answer that are difficult to face. However, for the sake of living according to Allah's law, I must ask. To put it bluntly, I was conceived illegitimately. My parents were engaged and were married about a month later. My mother didn't know she was pregnant at the time of the wedding. My mother assured me when I discovered this fact that they both regretted this action and that my mother was never involved with any other man. I fully believe her words and have no doubt that her husband is my biological father. My question, however, deals with how I'm viewed according to the Shari`ah. Am I legitimate? Are my paternal aunts considered mahrams to me, or should I inform them to observe proper hijab around me? My father also recently passed away, so am I entitled to inherit from him, or should I give my share to my siblings? Should I keep my name which reflects my paternal lineage or change it to my mother's family name? Finally, if I am illegitimate, I would greatly appreciate any advice on proceeding, as I would have to expose my parents' secret and family dynamics would shift. I appreciate your time and effort.

Answer

Sheikh Ahmad Kutty
10 August, 2017

Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

In this fatwa:

1- As long as you are sure the man who sired you is your biological father, you are a legitimate son of your parents.

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2- Hence, you are allowed to inherit your father and your aunts are mahrams to you.

3- You should not dig in such old matter as you are not to judge your parents; leave such matters for Allah Almighty.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

You were born in the marriage bed. Therefore, you are a legitimate child of your father who married your mother who bore and delivered you.

There is no need for you to dig into this matter further. Whatever happened between your father and mother is a matter between them and Allah; we are not allowed to dig into it and make judgments; let Allah be the judge.

The Prophet (peace and blessings be upon him) said, “Avoid these filthy practices which Allah Almighty has prohibited. If one commits any of them, he should conceal with Allah’s Most High Veil (i.e. should not speak about it), and should turn to Allah, the Most High in repentance.” (Al-Hakim)

Concealing with Allah’s Veil means not to dig into peoples’ past, especially the dead.

In conclusion, you are born in marriage and, therefore, you are allowed to inherit your father who sired you. 

Allah Almighty knows best.