Daniel twitted:


First of all, please understand that:

  • Not the whole Western world agrees with French Law. There are many who openly disagree with it. They consider that the father should have a right to know the truth so that he can get peace of mind. That is why many Western countries indeed allow paternity tests. 
  • The criticism of French Law by Islamic preachers is only a secondary issue, and the primary target of their criticism is the Western System and how it works.
  • And thus we are not defending French Law here, but our main aim is to defend the Western System and how it works.
  • French Law may be right or wrong, but the way the Western System works is indeed correct.
  • Especially, when we compare Western laws to Islamic laws, then the Western laws win this game hands down.

We will talk about the Western System and how it works and how it is a better approach later in this article. But first of all, we will see what alternative solutions were provided by Islamic Laws in such situations. This step is necessary, in order to show Islamic preachers a mirror, and in order to end their one-sided propaganda. 

Islam OFFICIALLY turned women into "Cuckquean"

The term cuckold is the favourite term of Muslim preachers. But have you ever heard the term Cuckquean from their mouths? 

It is a shameful reality, that Islam OPENLY turned women into Cuckqueans.

Islam OFFICIALLY  and LEGALLY allowed that:

  • A man can sleep with 4 wives, and the wives are legally bound to keep on acting as Cuckquaen
  • And a man can also rape DOZENS of captive/slave women and girls, and all of them are legally bound to keep on acting as Cuckquaen. 
  • And the sexual relationship with captive/slave women is a TEMPORARY one (i.e. like Shia Muttah). An owner can buy a slave girl, rape her, and after fulfilling his lust, he can sell her further and buy for himself a new slave girl. 
  • And Islam didn't even allow the poor wives and slave girls to get rid of their unfaithful and rapist husbands/masters by taking DIVORCE. Yes, in Islam divorce is solely a right of the husband. Even Khul' خلع is also a right of the husband. In Khul', a wife has to offer ransom money to her husband. If he accepts the offer, then he can take the money and divorce her. But if he does not accept the offer, then no Islamic court can compel him to give divorce to his wife. Please read our article: Khul’ خلع (i.e. getting freedom from husband) is not a “right” of a woman, but it is still a “right” of a husband to either grant it or deny it 
  • And also a poor slave girl also has no rights except to officially act as Cuckquean. 

Islamic Solution: What if a husband doubts the child?

Islam allows that:

  • A man can openly accuse his wife of adultery, and her child of being a Bastard. 
  • Even if he has not seen his wife personally doing any fornication, but he is still fully allowed to accuse his wife of illicit relationships only on the basis of his doubt/suspicion. 
  • He only has to swear 5 times that he will get rid of his wife and the child. It is known as Liaan in Islam.

The first question is, what protection did Allah provide to the woman and her child if a man wrongfully accuses her?

The answer is ZERO.

Allah provided ZERO protection to the innocent woman and her child in this case. This false accusation can be a result of any misunderstanding, or even if he is a mistrusting person, or simply if he is an evil person and only wants to harm her.

Islam not only allowed the man to accuse his wife, but it also allowed the man to disown the child. But Islam didn't stop here, but:

  • Islam also declared that child to be a BASTARD (Islamic Term: Walad al-Haram), although that child was totally innocent.
  • Even if the mother was also innocent, and she committed no fornication, and the man wrongfully accused her, still that child will be called a bastard.
  • Father does not have to pay any expenses for that innocent child, but it is only the mother who has to bear all the expenses of the child's upbringing (even if she was innocent).
  • Even if she made a mistake and was indeed involved in a sexual act with another man, still Islam forbids the biological father to give his name to the child or to give his love and upbringing to him, or even to bear the child's expenses. But why? Why is Islam punishing the innocent child and depriving him of love and the name of his/her biological father?
  • Islam compels the so-called Bastard child to take only the name of his/her mother so that he/she is recognised easily in society as a bastard and then humiliated. Unbelievable. 

You can see that these Sharia Rulings of Islam regarding the innocent child are totally against logic, which is impossible if they really had come from any divine Allah in the heavens. This 'human mistake' in the Sharia Ruling proves only one thing, i.e. Muhammad was making all those revelations and Sharai Rulings on his own.

Please also see how Islam first declares an innocent child to be a BASTARD, and then how it humiliates it:

Sunan Abu Dawud, Hadith 3963:

Narrated AbuHurayrah: The Prophet (ﷺ) said: The child of adultery is worst of the three (i.e. father, mother and child).
Abu Hurairah said: That I give a flog in the path of Allah (as a charity) is dearer to me than emancipating a child of adultery.

Grade: Sahih (Al-Albani)

What is the crime of an innocent child that Islam is treating him/her in such a horrible way? 

If you want to see the full list of the suffering of such innocent children (whom Islam blames to be Walad-ul-Haram), then please read this article:

Illegitimate Children: What is the WISDOM of Allah in calling them BASTARDS (Walad al-Haram)

It is an eye-opening issue, so please don't miss reading it. 

It is a blessing of the modern Secular World that it ended this horrible term of BASTARD for innocent children. They are no more discriminated or humiliated for the deeds of their parents. 

Islamic Solution: What if an Owner (i.e. Muslim Master) doubts the child from her slave woman? 

A Muslim owner was allowed to rape a slave woman in a Temporary sexual relationship and then sold her to another master, who again raped her and then sold her to a 3rd master. 

So, problems arose what to do if doubts occurred about the parentage of the child in such cases?

Mohammad came up with this solution, that the owner was allowed to deny the parentage of his own child from a slave woman, and thus declare his own child to be a BASTARD (Arabic: Walad-ul-Haram).

Even if the 2 joint owners didn't want the parentage of the child from their common slave women, they were also allowed to deny the parentage and declared the child a Bastard, instead of becoming the joint 2 official fathers of that child.

Sunnan Ibn Majah (link):

وَلَا يَلْحَقُ إِذَا کَانَ أَبُوهُ الَّذِي يُدْعَی لَهُ أَنْکَرَهُ
… a child from a slave woman cannot be named after his father if the man whom he claimed as his father did not acknowledge him.
Imam Albani declared this Hadith as Fair (Hasan). Link.
This same tradition has also been narrated by Amr bin Shoaib in Sunnan Abdu Dawud, and has again been graded as Hasan (link).

Imam Muhammad bin Ahmad Sarkhasi (d. 483 H) writes in his book Al-Mabsut, Volume 2 page 152 (link):

وولد أم الولد ثابت من المولى ما لم ينفه لأنها فراش له وقال عليه الصلاة والسلام الولد للفراش ولكن ينتفي عنه بمجرد النفي عندنا
“The son of a slave woman is attributed to the owner as long as he didn’t deny it, because she had been on a bed with him, He (i.e. prophet Muhammad) said that the son belongs to the bed, but he (the child) will be not be attributed to him if he just denied him according to us.”

And Imam Ibn Hamam writes in his book Fath al-Qadir (link):

أم الولد بسبب أن ولدها ، وإن ثبت نسبه بلا دعوة ينتفي نسبه بمجرد نفيه ، بخلاف المنكوحة لا ينتفي نسب ولدها إلا باللعان
“The slave woman’s son, even if his paternity is proven without a claim (from the father), has his parentage disassociated just by denial, unlike the wife in a Nikah whose son’s parentage cannot be dissociated except through “le’an.”

Imam Showkani records in Nail al-Awtar, Volume 7 page 77 (link):

وروي عن أبي حنيفة والثوري وهو مذهب الهادوية أن الأمة لا يثبت فراشها إلا بدعوة الولد ولا يكفي الإقرار بالوطئ ، فإن لم يدعه كان ملكا له
“It is narrated from Abi Hanifa, al-Thawri and it is the Hadwiyah madhab that the paternity of a slave woman’s (son) cannot be proved without the claim (from the father), the admission of performing sexual intercourse shall not suffice, if he didn’t claim paternity, he (the son) will become a slave for him. “

Once the child is declared a BASTARD, then he/she becomes a slave of the father. And the father is fully allowed to sell his son/daughter in the salve market and get money for that. 


Can this horrible Islamic law (where a father is making his own son/daughter his slave) be still compared with French Law?

Even if the wife is an eyewitness of ZINA (adultery) of her husband, she should still act as Cuckquean

Please read our article:

Liaan اللعان: A Husband can accuse his wife of adultery without any 4 witnesses, but if a wife accuses her husband of adultery (or rape) and she does not produce 4 eye-witnesses, then she will be lashed 80 times

The summary is:

  • Even if wives have personally seen their husbands doing ZINA (fornication) with other women (or even if they have seen their husbands raping other women), still they are not allowed to accuse their husbands in any Islamic court.
  • Even if wives have seen their husband raping their own minor daughters (or even grown-up daughters), still they cannot accuse their husbands of rape.
    Or even if they have seen their husbands raping any male child, or just having a sexual relationship with any other male, still neither can they go against their husbands in court, nor separate themselves from such evil husbands through a divorce.
  • And if the respective wives still dare to accuse their husbands of fornication/rape in an Islamic court, then they have to bring 4 male eyewitnesses for it.
  • And if the wife is not able to bring 4 male witnesses to the court, then she will be lashed with 80 stripes for Qadhf i.e. wrongfully accusing her husband, even if she is telling the truth (link).

Islamic Scholars advise such women to become cuckquean and never to go to Islamic courts against their husbands.

2 to 5 Official Fathers of a child (due to her rape in the temporary sexual relationship)

If there were two or more joint owners of the slave women, then Islam allowed those joint owners to rape her one by one. They only had to wait for 3 (to 7) days, so that the slave woman became free of her menstruation blood, and after that next owner was allowed to start raping her.

But this caused doubts in many cases about who the real father of the child was.

Thus, Muhammad adopted this solution where both those 2 (or more) joint owners became the Combined Official Fathers of the child.

Imam Ibn Qadamah wrote in his book Al-Mughani (link):

وإذا كانت الأمة بين شريكين فوطئاها لزمها استبراءان

If a slave woman is in joint ownership of 2 men, then they both could have sex with her by performing double "Istabra" (i.e. becoming free of monthly blood twice)

And it is written in Fatawa-e-Alamgiri, vol. 6, page 162, Urdu edition (link):

If two men have joint ownership of a slave woman, and a child is born, and both claimed the parentage of the child, then both will be the (official) father of that child.

In this same Fatawa-e-Alamgiri, vol. 6, page 173, Urdu edition (link), it has been written:

Imam Abu Hanifa said: If a slave woman is in joint ownership of 3 or 4 or 5 men, and all of them claimed the parentage of the child, then all of them will be his (official) fathers.

Fatawa-e-Alamgiri is an authentic Fiqh book of Hanafi jurisprudence and has been taught in all the Hanafi Madaris (religious schools) of the Indian Sub-Continent (i.e. Pakistan/India/Bangladesh)

Muhammad instructed his companion to keep on taking pleasure with his beautiful wife, even if she committed adultery with other men (i.e. he could act as a cuckold)

Sunan Abu Dawud, 2049:

Narrated Abdullah ibn Abbas: A man came to the Prophet (ﷺ), and said: My wife does not prevent the hand of a man who touches her (i.e. who fornicates with her). He said: Divorce her. He then said: I am afraid my inner self may covet her. He said: Then (keep) enjoying her (as your wife).

Grade:     Sahih (Al-Albani)

How can Islamic preachers blame others for being cuckolds, when their own prophet is teaching his companion to be a cuckold? 

This is a huge contradiction here:

  • On one side Muhammad talked about modesty, decency, being chaste, Hijab, not even talking to the opposite gender, and awarding the CRUELLEST punishment of stoning for adultery. 
  • But on the other hand, Muhammad is instructing his companion to keep on taking pleasure from his beautiful wife, even if she does adultery with other men (companions?)

Please read the full article here which provides more information regarding this contradiction in Islam. 

An Analysis of French Law

Let us come back to our actual issue, and see why the Western System is a better approach. 

Although the Western world itself is divided and many Western people criticize French law, nevertheless, we still have to analyze the Fench Law first:

  • French law also has indeed a logic behind it, which is based upon the best interest of the child in mind.
  • According to supporters of this opinion, the status of a person, who raises a child, is greater than the one who is involved in the biological birth of the child. A child doesn't care who gave birth to him, but he will open his hands and go in the lap of that person who fosters him, who loves him and who takes care of him. 
  • The French government didn't take this step on its own, but it acted upon the advice of a huge number of psychologists, who state that fatherhood is determined by society, rather than biology. And it preserves the peace within the family. 
  • Even in the case of divorce later, the bond between the father and the child does not break. And the father still has parental rights, even if he is not a biological father. Islamic preachers like Daniel cry only for child support, but they totally forget about parental rights, and what is in the best interest of the child. 

While the Western people who criticize this French law, they are of the opinion that:

  • The fathers can have more peace of mind if they become sure that the child belongs to them
  • And it is unfair to fathers to be intentionally cheated by their wives in such a way. 

How the Western System works and why is it better than Islamic System/laws?

In the next step, we have to understand how non-religious secular societies work:

  • We consider that this world is not perfect, and sometimes no perfect solutions are possible, and we have to make compromises.
  • We ponder upon issues, and then try to come to the best possible solution.
  • But it may be we make a mistake despite our efforts.
  • So, we are also totally open to CRITICISM.
  • We learn from our mistakes and from our experiences and reform ourselves.

Thus, French law is also totally open to CRITICISM, Changes and Improvements.

Compared to this, Islamic laws are absolutely not open to any criticism, but any criticism is immediately called blasphemy, and people are put to death. Islamic laws cannot be changed till the last hour. 

Inuit Culture:

In Inuits (Eskimos), when a man had to leave his house for a long period of time (for hunting or other needs), then his neighbour or friend took care of his family, including his wife. And a child, who was born from that neighbour or friend, was also considered an equal part of the household, as other children were. This tradition existed in Inuit culture for thousands of years, and such children were neither called Walad-ul-Haram (i.e. Bastards), nor they went through any other hardships. 


Because Eskimo men may sleep with their friends’ wives as a tradition, it is possible that women here would become pregnant with a child that isn’t her husband’s. But it’s totally normal. In fact, wives and kids are considered communal in Eskimo society. Therefore, no matter whose child a woman is bearing, her family will love and raise the kid as their own

We can learn a lot that CHILDREN were indeed fully protected in the Inuit culture, and it is a better approach than the Islamic approach which blames such children to be BASTARDS. 

Please also note that the Western critics of French law are of opinion that the Inuit Culture is different from French law. In the Inuit Culture, it has been done with the CONSENT of all parties, while French law involves cheating from wives. Thus, both of them cannot be compared with each other. 

French law VS Islamic law:

  • The French Law may be right or may be wrong. But one thing is sure it was also made by keeping the best interest of the child in mind.
  • And if it is a mistake, we are still in a position to keep watching the results and to reform it in the future. 
  • But can we say the same about this Islam law that it is based upon the Best Interest of the child?
  • How is calling an innocent child a BASTARD (Walad-ul-Haram) in the best interest of a child?
  • How is depriving an innocent child of the support, love, and upbringing of any father is in the best interest of a child?