The ruling on a child born of a Muslim man and a non-Muslim woman

Question

Zayd says: if a child of fornication (walad al-zina) born of a Muslim man and a non-Muslim (kafir) or Christian woman (who is being raised by both — the non-Muslim mother and the Muslim father — or only by the Muslim father) dies in childhood, then his preparation for burial (tajhiz), shrouding (takfin) and the rest are to be done as for Muslims; especially if this child also has a name like those of Muslims. Likewise, if before the age of discernment (tamyiz)

Answer

Answer (1) Both parties at least agree that this child was born of fornication, and a child born of fornication does not, according to the Shari‘a, have an established lineage (thabit al-nasab); that is, according to the Shari‘a the fornicator is not [his] father, and the child is not called his son: [ar]لقوله عليه السلام: الولد للفراش وللعاهر الحجر[/ar] “due to the words of…

Source: Fatawa Mahmudiyya

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