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By Esm'ail
#10710
Asalamalaykum warahmatullahi wabarakatuh.
I heard that in Islam, an Illegitimate child is not allowed to inherit any fortune from his/her parents.
Well, I don't understand why should it be like that, cuz its not the child's fault that he/she is illegitimate right!
According to our faithful religion, ALLAH(swt) says that, no one is responsible for anyone's sins, whether it be ur father or mother. But if u say that an Illegitimate child is not allowed to inherit part of his parents fortune, then ur blaming the child for his/her illegitimacy which I think its the same as saying the child is responsible for his/her parents sin(Adultery). Which to my opinion its not right.
Cuz if the child ends being a maskin(poor person), that means he will be paying for something he didn't commit(cuz he is not allowed to inherit any fortune)
By Fatimah Zahra Karim
#10715
Wa alaykum salaam

What you've heard is right- that an illegitimate child is not allowed to inherit from his/her parents. I don't know why exactly that is. Confusing, isn't it? I'm still trying to find out. Will post any info I get.

There's a way out of it though. According to the shariah, a person is allowed to dispose of a third of his/her property through the will. The other 2 thirds are ditributed amongst the heirs of the deceased according to the Islamic law. So if the parents of the illegitimate child want to be fair to the child they should will him/her a part from the third that they are allowed to distribute as they see fit. The only problem here is that if a person dies without leaving a will, the entire estate is distributed among the heirs.
By Esm'ail
#10721
Asalamalaykum warahmatullahi wabarakatuh.
Why should I need a way out of it? while he/she is still my child although illegitimate. And don't you think its unfair to give him/her the disposed off third of your property? While he/she is not responsible for his/her illegitimacy, but rather its the parents to blame.

And when you say giving him a third of the disposed property, it means your now putting ur own beloved son/daughter in a group of the maskin(poor people). Cuz I'm sure the third disposed property is meant for helping ur fellow muslims/ maskin.
Don't you think the illegitimate child deserves the same respect as the other children in the family?
Forgive for sounding too emotional but thats the truth.
Try making me understand this, before I group it among the illogical shariahs. I'm sure they aren't any.
By Fatimah Zahra Karim
#10728
Wa alaykum salaam

I'm sorry you don't seem to have understood me. When I said one third of your property could be disposed according to a will, I meant a third according to its market value. And you can choose any part of your property to give to anybody; it's just that the part you are giving away (ie disposing of) should not exceed one third of your total property. The remaining 2 thirds is supposed to be disposed of according to shariah. By 'disposing' I did not mean that the property was worthless. :)

Allah (swt) is All-knowing and The Wise. And I'm sure that even though I don't exactly understand this rule, there must be some wisdom behind it. Like I said, I'll try finding out what I can and post anything I get. I'm sure of one thing though, there are no illogical rules in Islam. Every rule is supported by the intellect. There are some times when you don't understand things, but as time goes on you realise that things make sense.
By Esm'ail
#10733
Asalamalaykum warahmatullahi wabarakatuh.
Ok thanx. I will be waiting for your post. Somethings confuse me sometimes.

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