Muhammad ordered that illegitimate child will not belong to his father, but he will belong to the person on whose bed he is born, while father has only stone and he will have no connection with the child (Sahih Bukahri)

Could Muslims tell us what is the fault of this innocent child to whom Islam first declares "Wald-ul-Haram" (Bastard), and then:

(1) This innocent child will not be able to get the name of his father, while Sharia considers him a bastard.
(2) This child cannot get the love of his father as Islam bans his father to even visit him. 
(3) In the name of being a bastard, this child will not be able to get any help from his father in his/her upbringing and education.
(4) Child will not get even any financial support from his father. 
(5) Child will not get any share in inheritance of his father.
(6) If the child is a girl, then she is a non-Mehram for her father and stepbrothers and therefore could never get fatherly love, nor brotherly love from her step brothers. 
(7) Islam not only separated this innocent child from his father, but then Islam also took away his mother from him by stoning (killing) her in name of adultery.  Thus, Islam also took away from this child the love and support of his mother too. Now he is totally alone to face all the hardships of this world. 

Human logic guides us that: 

(1) Firstly, if a man and woman involved in sex activity with consent, then it is not a crime that should have any physical punishment. 

(2) And if you still want to punish it, then punish the man and woman only. Why Islam destroyed the life of an innocent child by declaring him "Walad-ul-Haram" (Bastard)? 

(3) Here Islam is not punishing the parents, but it is punishing the innocent child directly. 

These rulings came from this Hadith of Prophet Muhammad:

وَإِنْ کَانَ مِنْ أَمَةٍ لَا يَمْلِکُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ وَلَا يُورَثُ وَإِنْ کَانَ الَّذِي يُدْعَی لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنًا لِأَهْلِ أُمِّهِ مَنْ کَانُوا حُرَّةً أَوْ أَمَةً
If he (an illegitimate child) was born to a slave woman whom his father did not own, or to a free woman with whom he committed adultery, then he cannot be named after his father, and he does not inherit from him, even if the one whom he claims as his father acknowledges him. So he is an illegitimate child who belongs to his mother's people, whoever they are, whether she is a free woman or a slave."

References:
(1) Sunan Abu Dawud Graded as Sahih). Link.
(2) Musnad Ahmad bin Hanbal (Graded as Sahih) Link.

For official English translation, please see this same tradition in Sunan Ibn Majah (link).

In a tradition in Sahih Bukhari, Prophet Muhammad said (link):

الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ

The Prophet said: The (illegitimate) child belongs to the owner of the bed, and for the fornicator (biological father) there is only stone (i.e. nothing).

Islamic scholars explained this hadith as:

(1) Original biological father will never have any connection to his illegitimate son/daughter. He could not give his name to the child; he could not do anything in the upbringing of the child. If the child is a daughter, then she will be Na-Mahram to her father, and she has to observe Hijab from her father. The illegitimate child will not inherit from his/her father.

(2) If a woman is non-married, then the child will get her name solely.

(3) But if a woman is married to someone else, then the child will get the name of her husband, and he will be made to bear all the expenses of this child, and he has to share his inheritance too with this non-related child even in the presence of his own real children. 

(4) If a woman accepts adultery, then mother will be stoned.

A detailed form of this hadith is also present in Sahih Bukhari, which explains this issue in details:

Sahih Bukhari (link):

Narrated 'Aisha:
(the wife of the Prophet) Utba bin Abi Waqqas entrusted (his son) to his brother Sad bin Abi Waqqas saying, "The son of the slave-girl of Zam'a is my (illegal) son, take him into your custody." So during the year of the Conquest (of Mecca) Sad took the boy and said, "This is my brother's son whom my brother entrusted to me." 'Abu bin Zam's got up and said, "He is my brother and the son of the slave girl of my father and was born on my father's bed." Then both of them came to Allah's Apostle and Sad said, "O Allah's Apostle! This is my brother's son whom my brother entrusted to me."
Then 'Abu bin Zam'a got up and said, "This is my brother and the son of the slave-girl of my father." Allah's Apostle said, "O Abu bin Zam'a! This boy is for you as the boy belongs to the bed (where he was born), and for the adulterer is the stone.

 

Questions that arise in mind are these:

(1) The child is indeed innocent, even if he/she is illegitimate.

(2) But why is a child getting the punishment of being deprived of the name of the father?

(3) If a child gets the name of the mother, then the whole society automatically knows that he/she is a Bastard.

(4) The child is also unable to ever get the love of the father. It is not allowed for the father to meet or see him/her. In the case of daughter, she will be Na-Mahram for father and she has to do Hijab from her father.

(5) The child will also get no upbringing from the father or any other financial support. And also, he/she inherits nothing from the father, but he/she will inherit only from the mother.
It does not seem right that the child is deprived of the inheritance of the father.

(6) If the mother has also been killed by stoning due to adultery, then child loses both biological father and biological mother and their love and care.
Such a child is bound to face a lot of hardships. But why? It was not his/her fault.

(7) What is the Divine Wisdom in making the husband to give this non-related child his name, and then to compel him to bear all the expenses of this child, and then he is also compelled to share his inheritance with this non-related child even if he has his own real children present. So why is Allah punishing this poor husband, who will most probably always remember the disloyalty of his wife whenever he sees this child, but still he is made to bear expenses for him? 

Please read the stories of these Muslim Brothers and Sisters below. They are crying for love for their fathers, but fathers had to leave them alone with their mothers in order to act upon Islamic Sharia as a good Muslim.

We feel a lot of pain for these brothers and sisters whom Islam declared illegitimate children and then also punishes them both indirectly and directly. 

Child would still be considered "Bastard" even the mother was raped

One wonder, what could be the Divine Wisdom behind this ruling that even the mother has been raped, and she is not able to bring 4 eye witnesses, then she is first being lashed, and then her child is also labelled as illegitimate by Sharia, and then she is being forced to bear all the expenses of this child, while the man who raped her gets clean chit from the Sharia in bearing any expenses of the child. 

Cries of the Illegitimate daughters and sons and their fathers and mothers  

Here is one letter from a Muslim father Ali Smith(Link):

I am a muslim man since I was born alhumdulillah but I went through a rough patch in my life and I caused zinnah with a non muslim woman out of wedlock. I have now turned to Allah and have been asking for repentance. I have recently found that the person I was in a relationship with is pregnant and wants to keep the child.

My family do not know about my situation and I do not want them to know. In islam, am I allowed to not know this child and not pay child support.
-Ali Smith

 

Now look at this reply from Sister Aria:

I feel so sorry for this child who is going to be born in a world where his father does not want to be a father.
Islam is a wonderful religion teaching you about to be good, responsible,respect parents and other people, charity.......
Thinking about the last word: charity and help others. How are you ever going to be a good muslim when you do not want to provide some money for child support to your own flesh and blood.
This child is sinless even though he is born out of wedlock. Just become a mature man and learn how to be responsible not be more preocupied how to avoid to be involved in his life physically and financially or keep him away from knowing is grandparents.
If you start you life with a lie you will live in a lie your entire life.

 

Sister Vyne wrote:

I am in the boat with the woman who were not supported by the man who proposed to marry me before he pregnant me but when i got pregnant he did a lot of promises and no single penny received. The first wife knows everything but the man is not man enough to send even rhs1 to his child in me and yet so proud to be an ******* (sorry for the term). I have nothing against islam even i am apt to convert so we can marry but until now my child is almost 2yrs old,still chasing her father. What on earth we have this kind of person so inhuman and heartless for their child. I pity their souls.

 

Brother Abdulaziz wrote:

I'm a Saudi guy who has abandoned my 2 ur old son in Denver colorado. I have not sent one dollar in payment to him even when his mother asked me for it. When I left I left them homeless evicted from our apartment and I promised to send my ex money when I got backhome. However as soon as I returned my mother started getting into my head. She made me promise her not to send even 1 dollar to my son. I listen to her Bc in my religion I don't want to disobey my parents. My sons mother came to me in November and told me she couldn't get my sons u.s. Passport until I sign authorizing it. My parents said not to sign. My ex is really angry with me because now she has to go to court and spend money getting full custody of my son so she can get the passport. She wants to move to Dubai for a job opportunity that's why my son needs his passport. I told her I would sign the paper but for 5 months I just lied to her , now she's very angry with me. But just like the guy above I don't care . I made my parents happy so I feel like I did nothing wrong.

 

Sister hinaz_tears wrote:

This happens so often...i am living a simlar life...my bf left me wen our daughter was born she is almost four mashaAllah.... Bt hurts me knowing she will never get to see her real father more so her real grandparents....who knows how much longer they will be around.....

 

Sister Sarah wrote:

Hi I have had a child with a Muslim man he says because we aren't married he doesn't have to pay and he won't see his child is this what Islam says? I'm really confused I find it hard to believe

 

Sister Elle wrote:

I am an adult woman now but born out of wedlock to an Arab Muslim man that came to see me 1 time when I was 4 and abandoned me. I will tell you first hand the devastation this causing to children. I've searched for my father most of my adult life and realize now that I must accept that he did not nor does he want to be found.

 

There are tons of such stories, full of cries of these daughters and sons whom Islam claim to be illegitimate. 

 

Problems that are occurring for innocent daughters/sons due to this so called "Divine Wisdom"

We wonder what is the wisdom of Divine Allah behind all this. There are so many problems occurring for the daughters and sons in name of them being illegitimate. For example, look at this fatwa:

Fatwa No : 325114 (link).
Telling an illegitimate daughter truth about her birth

Question:
I am a mother who has a child out of wedlock who vaguely remembers her "biological father" when he was around. My question is: do I have to tell my daughter that she was born out of wedlock? What if she asks what happened to him, and if so, when and how does one go about explaining it?

Answer:
You are not Islamically obliged to tell your daughter that she was born out of wedlock (even if she gets your name and not of her father), and there is no benefit for her in doing so. Rather, it is totally against her interest.

If she happened to ask about her father, you are allowed to resort to tawriyah (saying something which has more than one meaning and intending a meaning different from what the listener is likely to understand). Verily, tawriyah is a legitimate way to avoid lying. You can tell her, for instance, that her father has passed away with the intention of meaning that a “legitimate” father does not exist.

One wonders how this could protect the daughter while:

  1. By carrying the name of her mother (and not her father), she and the whole society already know that she is a BASTARD child.
  2. Tawriyah ... It seems to be another name of Shia Taqqiyyah.

But we are afraid that telling a lie is again not going to solve the problems as she is carrying the name of her mother, while passing away of her legitimate father does not stop one carrying his name.

Some other problematic Fatwas in light of Islamic Sharia:

* The father of a child from Zina has no visitation rights

* If the child asks about father, then tell a lie that he died

* Write down any false name of the father in order to save the child from humiliation as an illegitimate child

* Illegitimate daughter could never be a Mahram to legitimate children of a person

* If you married after Zina, and child born after 6 months, then the child is legitimate, and if he borns within 6 months, then illegitimate. 

Allah claims that illegitimate daughter/son is a bigger evil and sinner than his/her parents

Unbelievable.

Sunan Abu Dawud, Hadith 3963: 
Narrated AbuHurayrah: The Prophet (ﷺ) said: The child of adultery is worst of the three.
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 wisdom here in making this innocent child so much prone to becoming evil later?

At maximum, we hear the Muslim Scholars saying that chance of this child becoming evil later is due to the fact that he/she lacks the education and upbringing by the father.
We don't know how to digest this argument.
There also arises the counter argument here that it is Islamic Sharia itself which in the first place deprived this innocent child the education and upbringing of the father. Therefore, if the child really becomes the worst of there, then still the whole blame goes upon Islam.

Sunni Imams: An illegitimate Child should not lead a congregational prayer

All the 4 Fiqh Imams (i.e. Malik, Abu Hanifa, Shafi'i and Ahmed bin Hanbal) say that it is not allowed for an illegitimate child to lead a congregational prayer (Reference: Biggest English Fatwa Website Islamweb.org. Link). Although Imam Ahmed allows it conditionally if it is established that he is really sound in religion (while this condition does not apply for legitimate children). 

The renowned Hanafi jurist, Imam Ibn Abidin states (link):

“This is due to the fact that he [i.e. the illegitimate] does not [normally] have a father to raise him, train him and teach him, hence ignorance (jahl) overcomes him [and thus, he is not able to properly fulfil the conditions of prayer].” (Radd al-Muکhtar ala ‘l-Durr al-Mukhtar, 1/562)

 One wonders how this lame excuse is going to work while it is Sharia itself which in the first place deprived this innocent child of the education and upbringing of the father.

If a mother was non-Muslim at the time of birth, then the illegitimate child will also not inherit from the mother

Please read the complete Fatwa here, according to which (link):

(1) If the mother was non-Muslim at the time of birth, then the illegitimate child will also not inherit the Mother.

(2) Even if the mother accepts Islam later, still the illegitimate child will not inherit her.

Please remember that the divine Allah has already deprived the child of the inheritance from his father. And now Allah is also depriving the child of inheritance from the mother too. And all this is done while, according to Islam, that child is illegitimate.

What type of "divine Wisdom" and "divine Justice" is this?

A father can even marry his illegitimate daughter

According to Imam Shafi'i and Imam Malik, a father could even marry his illegitimate daughter as she is non-Mahram to him.
Book Al-Fiqh ala al-Madhahib al-Arba'a by al-Jazairi (link):

هذا ويجوز للرجل أن يتزوج بنته المخلوقة من مائه زنا فإذا زنا بامرأة وحملت منه سفاحا وجاءت ببنت فإنها لا تحرم عليه لأن ماء الزنا لا حرمة له وكما تحل له تحل لأصوله وفروعه ولكن يكره له نكاحها بخلاف الأم الزانية فإنها كسائر الأمهات في الحرمة على أبنائهن لأن نسبه ثابت منها ويتوارثان

It is permissible for a man to marry his biological daughter if she was (conceived) through fornication, if he committed fornication with a woman and she got pregnant from him and gave birth to a girl then the girl is not unmarriable for him because the sperm released through fornication doesn’t make someone umarriable, as she is marriable for him, she is also marriable for his ancestors and progeny.

Al-Mughni, by Imam Ibn Qadama, Volume 7 page 485:

ويحرم على الرجل نكاح بنته من الزنى ، وأخته ، وبنت ابنه ، وبنت بنته ، وبنت أخيه ، وأخته من الزنى . وهو قول عامة الفقهاء . وقال مالك ، والشافعي في المشهور من مذهبه : يجوز ذلك كله ; لأنها أجنبية منه ولا تنسب إليه شرعا

It’s not permissible for the man to marry his daughter born through adultery, or her sister, granddaughter, niece and sister and this is the statement of the scholars, but Malik and Shafiyee said that it is permissible because she is alien and does not relate to him.

Salve mothers had to face even more hardships & cruelties due to strange Sharia Rulings

We really feel sorry for the slave women of the past centuries in Islamic caliphates. They had to go through 2 additional steps of hardships. According to Sharia rules:

1) It was the Master's choice to accept children from their slave girls as his own children, or to deny them his name as father.
In later cases, those children got the name of their mother only and became illegitimate children.

2) And the master was allowed to separate the children from the slave woman when the children got 2 teeth, and sell his own son/daughter in the slave markets.

Here are the Islamic References:

وَإِنْ کَانَ مِنْ أَمَةٍ لَا يَمْلِکُهَا أَوْ مِنْ حُرَّةٍ عَاهَرَ بِهَا فَإِنَّهُ لَا يَلْحَقُ وَلَا يُورَثُ وَإِنْ کَانَ الَّذِي يُدْعَی لَهُ هُوَ ادَّعَاهُ فَهُوَ وَلَدُ زِنًا لِأَهْلِ أُمِّهِ مَنْ کَانُوا حُرَّةً أَوْ أَمَةً
If he (an illegitimate child) was born to a slave woman whom his father did not own, or to a free woman with whom he committed adultery, then he cannot be named after his father, and he does not inherit from him, even if the one whom he claims as his father acknowledges him. So he is an illegitimate child who belongs to his mother's people, whoever they are, whether she is a free woman or a slave."

References:
(1) Sunan Abu Dawud Graded as Sahih). Link.
(2) Musnad Ahmad bin Hanbal (Graded as Sahih) Link.

Book Al-Mabsut, Volume 2 page 152 by Imam Muhammad bin Ahmad Sarkhasi (d. 483 H):

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 master as long as he didn’t deny it, because she had been on a bed with him, He (s) 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.”

Book ‘Fatah al-Qadeer Sharah Hidayah’ Volume 10 page 329:

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:

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. “

Therefore, even if the slave woman never committed any Zina (fornication), still Master got the right to label her children as illegitimate. 

Even bigger cruelty of Islamic Sharia is this that it gave master the right to separate the about 6 months old babies from the slave mothers (when they get 2 teeth) and sell them separately in the slave markets. 

And in Risalah of Fiqh Imam Malik, it is written (link):

ولا يفرق بين الام وولدها في البيع حتى يثغر
The owner of a slave woman may not sell her separately from her child until the child grows its second teeth. (i.e. After that they could be separated and sold in the slave markets).

Free women got at least the right to live with their illegitimate children, but just imagine about the poor slave mothers whom children were labelled as Bastards for whole of their life, and then even separated from her after she had fostered them her milk for 6 months. 

Shia Madhab and injustices against Illegitimate Children:

I have No Words to say against these great injustices in Shia Madhab against the Illegitimate Children. Please read it yourself on their biggest Shia Website www.al-islam.org  (link):

Question: 

Why Illegitimate Children Are Kept Away From Some Posts like Jurist, Leader, Judge etc.?

Answer:

A child does not know his father, grandfather, grandmother and relatives (because Sharia does not allow the father to give child his name and to play any role in upbringing of the child). And (thus) generally many ethical, psychological, social, training, family, financially and sentimental defects come into existence because of it ...

Inheritance is the base for a person's future and makes the personality of an individual and prepares the ground for them for their good or bad fortune.

From these points we can derive the following results:

Illegitimate children inherit bad manners, breaking of laws and sins from their parents. For them the ground for sins and crime is more feasible. As compared to others they are more prepared for sins and if they personally get wrong training or if the environment is not good, then it is enough for them that their polluted soul, like sparks beneath the ash become fire and burn their good fortune.

As for the question about social posts for illegitimate persons, it is a logical precaution for the protection of social good on the basis of whatever is said above about their psychological state ...

When an illegitimate child is prepared to perform his duties and able to do work of training, if his deeds are good he will get rewards for it and if he does bad he will be punished.

Although the rebellious nature of illegitimate children (which have more interest and are more inclined to break the laws and commit sins) makes it difficult for them to avoid sin, and it is also difficult for them to perform their duties, but if they go against their desires and follow the orders of Almighty and right principles they will be given the best of the rewards ...

In other words those children who are illegitimately born are like those children who are born to the parents having diseases (T.B, and sexual disorders). These children have more chances of contracting these diseases and if they are not cured as early as possible they are more likely to get these diseases.

Like the ill parents, illegitimate children are also prepared to break the laws and fall into crime if their training and studies are not provided in the right environment and healthy intentions. It is possible they may fall into a great depth and ally with the criminals. For those reasons, in order to protect the social cause, precautions should be taken that they remain away from some posts.

 Could you ever agree with this Wisdom of Shia Madhab? 

PS:
One Shia excuse above is this that these illegitimate children are more likely to be involved in crimes and sins while they don't get the education by the fathers. 
But the truth is this that it is Islamic Sharia itself in the first place which is depriving these innocent children the education by their fathers in name of being bastards and not allowing their respective fathers to educate them. 

Please see here lot of Shia Ahadith and Fatwas that illegitimate child is not allowed to even lead a congregational prayer (link)

Imran Khan and his alleged daughter Tyrian White:

Daughter of Imran khanOur society is the prey of contradictions. People blame Imran Khan for not giving her alleged daughter Tyrian White his name and fatherly love. But actually, they have to criticize Islam for that and not Imran Khan, while it is Islam which prohibits Imran Khan from giving fatherly love to his daughter. Since no one could criticize Islam directly in our society, therefore Imran Khan has to bear the load of crime of Islam too. 

Actually, we have to give Imran Khan credit that he didn't leave Tyrian alone, but brought her to Jemima and his other sons. This act of Iman Khan convinces us if there had been no walls of religion of Islam, then Imran khan would have taken full responsibility for his daughter. 

Actually, Imran Khan is also showing contradictory behaviour. On one hand, he says he totally believes in Allah and His Sharia, but on the other hand, he is himself breaking the laws of Sharia by taking care of Tyrian.  If these contradictions are not hypocrisy, then what else are they? 

Actually, according to Sharia, it is also a crime that Tyrian stays under one roof along with her step brothers as they are non-Mehrams. And as punishment of this crime, an Islamic State should lash Tyrian and her brothers. 

Does logic still not guide you that these rulings of Islamic Sharia are devoid of any Divine Wisdom? 

Great Accomplishment of the West: Demolishing the abuse of Illegitimate Bastard

Modern non-religious West not only abolished SLAVERY from the world, but one of the greatest favours which the West bestowed upon us this that:

(1) It has totally demolished the curse of being illegitimate bastard from innocent children. 

(2) And it has provided these innocent children with all EQUAL human rights. 

(3) Provided them with full fatherly love and upbringing and name and support and inheritance. 

(4) Ended the BARBARIC punishments in name of fornication, and thus saved the life of the innocent children too ( ... in Islamic countries like Pakistan, the mothers are compelled to kill their new born children and through their dead bodies in a plastic bag in the Garbage Dump, in order to save themselves from the Barbaric punishment of lashing or stoning. While in the western countries, mothers don't have to fear any such barbaric punishment, therefore they don't kill their newborns out of the fear of being stoned to death, but they simply hand over the new born child to the respective authorities).