Yasir Qadhi – What are the rights of a child from a premarital relationship Q&A

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			many Mina mostly me.
		

			I said I want to come to LA here barakato All praise is due to Allah subhana wa Tala, the one and
the unique. It is He alone that we worship, and it is His blessings that we seek. He is the Lord of
the oppressed. And he answers the call of the week. So today we're going to shall continue our
Tuesday q&a session. And we'll begin immediately we have two very juicy and very interesting and
shallow questions. The first question comes from Abu Dhabi, our brother Farah asset, he says that
he's been looking into Islamic finance. And he says that can I explain in simple terms he has this
point underlying Can I explain in simple terms, the concepts of murabaha and Musharaka and Modaraba?
		

			And also, can I recommend some books on modern Islamic finance in the English language? So these are
simple questions, or shallow to other. So let us begin. Now, as I've said multiple times that I have
never claimed nor do I view myself as a specialist in Islamic modern Islamic economics, I'm just a
minor student of knowledge when it comes to the field of modern finance. And I always whenever I
talk about finance, I give you the opinions and positions of room up for greater authorities in this
in this field in the contemporary issues of finance. However, this question is an easy one, because
it deals with the classical definitions. Apparently, our brother wants to know how to how do we
		

			understand these terms, so that when we open up the books of Falkor, the modern Islamic finance
texts, that these terms can then be understandable. So Inshallah, what I'm going to do is present
these concepts as very simple language with illustrations that inshallah will be useful for the
beginning student of knowledge. And of course, as I've said, again, multiple times that modern
Islamic economics and the Fatah was related to it is a very, very interesting enterprise of how
classical physics connects with modern physics, and why and how it is necessary for some areas, not
all, but for some areas that we rethink through because our modern economic system is so radically
		

			different from the way that bartering occurred 1000 years ago, that you cannot open up any book of
early Islamic law for the first 300 For the first 1300 years, and then expect to understand our
modern day transactions, you have to extrapolate you have to rethink through. And so these terms
Mudaraba and Musharaka, and murabaha. These are terms that are found in early Islamic law, that are
now being used quite a lot when it comes to the issue of modern finance.
		

			And because of this, it is important that we understand the classical issue. So let us begin with
the first term murabaha murabaha from the root rubber, which means to profit, which means to make a
profit River in the Arabic language means your profit. So if I purchase this water for $10, and I
sell it for $15, my ribbit, my profit is $5. So murabaha is the active engagement of making a profit
and what murabaha entails is an offer to buy merchandise at a set amount of profit, you make an
offer to purchase a person's merchandise and you state in the offer that I'm going to give you such
and such a profit however you might your cost was however much you spent on the initial investment I
		

			will give you such and such a profit a very simple example suppose I have come back from a faraway
land and I have imported this product okay, I say this is a product that I have purchased from a
faraway land and I've come back to my home country and I purchased it once again let's say for $10
Okay, now generally speaking, if you walk into a store and I have this item on display, you will not
know the cost, I'm going to advertise it for $15 Let's say and it's up to you to buy or to not buy
the difference in murabaha is that you know the cost of the item and you then add on to it you tack
on to the buyer not the seller, the buyer tax on the profit and says I will give you a profit of 10%
		

			or of $10 for every bottle whatever it might be, you tack on the profit and you make an offer to buy
based upon a specific profit amount and this transaction so for example, I come and tell you I
purchased this bottle of water from mashallah, this from France this one okay. This bottle of water
for let's just say $10 Okay, and I come back to America and you
		

			Walk into my house or my merchandise store, whatever. And you know and I have said that this bottle
is $10 And you say, Okay, I will buy all of your water bottles that you purchase for $10 I will buy
it and give you a profit of $2 each. So you will you will be getting $12 for every 10 or $3. Or I'll
pay double doesn't matter how much profit you put on. This is called murabaha. So murabaha is an
offer to purchase merchandise with a known amount or percentage of profit you can do either amount
of percentage amount means I'll give you $2 For every bottle more or percentage I'll give you 20%
For every bottle more this type of transaction is permitted by unanimous consensus of all the
		

			scholars of Islam, there is no problem whatsoever because this is what would be the problem. You
everybody makes a profit. You know when when you sell something that's the everybody desires to make
a profit. And if you yourself offer the profit amount you yourself say I'm going to purchase this
for you know $2 profit or 20% profit. Why would that make it haram? Even Kodama in his Mullaney says
that this type of transaction murabaha This is John is permissible, and there is no controversy over
its impermissibility. In fact, he says, I don't know if anybody who even said it is disliked who
even said it is mcru. And so this is a completely permissible purchase. Now, obviously, the concept
		

			of Moraga has nothing to do with riba because you're not taking a loan in the first place. I am
selling you merchandise, and you come and I own the merchandise and you come and you make an offer
to purchase the merchandise. Now riba would be I give you the money, and then you pay back more
money. That's a totally different concept. And of course, there is no similarity between a real
murabaha loan and between an interest sorry, and Robert transaction and between an interest based
loan. Now you can also purchase in installments by unanimous consensus, there's no problem. If I
were to say, Hey, I'm selling this bottle for $15 and I purchased it for 10. You say okay, I don't
		

			have 15. But can I pay $5 Every month, so you will pay 555? No problem. This is completely
permissible. And if you offer me the the payment in installments, and you offer me the profit, that
too is completely permissible. So this is a bottle for $10 You know, it's $10 You walk into my
store, we're friends, we're acquaintances, or however reason you know it's $10 and you say, Okay,
I'm going to purchase this bottle for 15 and I'll pay you in installments $5 Every month, this is
the essence of murabaha there is no problem whatsoever. So this is Moraga. Now, why is murabaha
interesting in Islamic finance and modern Islamic finance and in purchasing houses and cars and
		

			whatnot? Well, because now we get to the whole issue of the gray area. Today's lecture is not about
modern Islamic finance, I'm just going to link a little bit so you understand I have given a much
longer conversation with Dr. Hatem al Hajj, you can find this on our YouTube channel, just Google it
myself in his name, and is modern Islamic financial transactions have also spoken to Dr. Akram
nadwi, about modern Islamic finance and these so called mortgage loans and whatnot. So you can
listen to those lectures for more information. Nonetheless, a brief a brief introduction to this
that why is murabaha mentioned when it comes to Islamic finance and houses and that is because that
		

			some banks, they offer a type of transaction that is a modified murabaha it's not the classical
model, but they add some conditions and this is where the gray area comes. Now the modern Islamic
financial transactions that banks do, they try to make it obviously more user friendly and they try
to make it more pertinent to the culture that we live in. And sometimes the conditions that they add
are considered problematic. For example, some scholars very small group of scholars will
problematize the fact that you go to somebody and you tell them to purchase when they had no desire
to purchase this is the first issue so suppose I don't have this bottle of water but I can afford
		

			it. I am the person who has $10 You don't have $10 but you want this bottle of water. What if you
were to come to me and you were to say to me hey, can you go to purchase this water and I will pay
you more on behalf loan. I'll give you a profit of 10 20% I promise you I'll give you the profit and
I'll pay it in installments. Right? And so the bank will go purchase the house or the car the bank
had no desire to purchase the house or car it will purchase the house your car for let's say 100,000
And it'll then you have said I promise you I'm going to make a 15% you know profit for your house or
purchase so then you sell it 115,000 And you sell it in installments every month is going to pay
		

			2000 until the entire house is paid off.
		

			This is called that this this transaction is called by El Morro Bay and murabaha MIDI be Shira bear
Almora, Bahati, Lil MIDI Beshara, the concept of murabaha. But now somebody is commanding you to buy
the merchandise and you didn't have the intention to buy it. Now this is, again, here's we're
adding, we're making a classical concept try to fit to our understandings of how the modern world
works. And in and of itself, there's nothing wrong with that. But again, the issue comes to what
level can you add conditions, the vast majority of modern Islamic finance experts have said that
this, this type of transaction is permissible with some conditions. And of those conditions is that
		

			the banker, the middleman or the rich person actually owns the merchandise and acquires the
merchandise and puts it in his name, and then sells it onto you. So it's not just going to be a
paper transaction that this bottle of water remains where it is, and the ownership is transferred
from the first owner to the third person. And the middleman is simply just giving the money and
taking the money and whatnot, because then it becomes very fishy. However, if the middleman even if
he's told to buy it, if he says, Okay, now it's my water water bottle, you know what, I have the
right to change my mind, even if you told me to buy it? Well, that's your request. Now that I own
		

			it, suppose I want to sell it to somebody else, I have that right. Or I can sell it to you based
upon our verbal agreement. All of this is something that makes certain problematic areas less
problematic, ie the fact that you own the property or you own the water bottle in the middle, and
then you then have a second transaction to sell, it makes it much easier than if there was simply
just a paper transfer from the first to the last. Also, of course, one of the biggest issues is that
there should be no penalties on late repayment. And that is something that, of course, we don't
believe in late penalty. So again, you can look up the different photographers and different
		

			conditions that are put, but this is what murabaha is, and conceptually speaking, pretty much all of
the fifth counsels of the modern world, and all of the modern Islamic finance experts have said, if
the person goes to a middleman and asks him to purchase with the verbal agreement, or even the
written agreement that I'm going to purchase based upon a profit as long as the middleman party
actually acquires, and then there is no haram conditions and clauses, and then they give the
merchandise at the agreed profit in installments, that would be a permissible transaction will allow
you to have the item of course, in reality, banks add so many conditions and clauses to such
		

			murabaha loans. And this is where Islamic banks, this is where the problem comes. So we're not going
to go over there. As I said, As for Musharaka moussaka is a very broad concept. And it basically
means a partnership of financial partnership. So just like the word should a partner with Allah
Shetty is a partner, right? So Moshe Raka, is a business partner from the same concept of shoot,
which is a creator, creating a partner for Allah subhanho wa taala. So the concept of shooting is to
have any partner shot aka Sheikh Sheikh means your partner. So Mushara is a financial partnership
where two or more people come together, and they all invest in a project. And they then share the
		

			profit and the loss of the project. And again, no problem whatsoever. This is how the world works
since the beginning of time, and it will continue to work, you want to, let's say, make a building
and sell it for a profit, but you can't afford to make a building on your own, you can't afford a
buy the land, you come together with 10 of your friends. And you say, Okay, let's all put together
50,000. And then we have 500,000, we will purchase this plot 450 200 We're going to you know, build
a house for you know, 300 something dollars, then we'll sell it for six $700,000. So the we pulled
together, we got $500,000, we made the project, we did it, now we're going to sell the house, and
		

			then we're going to make a profit off of it. This is called Moshe Raka. And it's very
straightforward. Conceptually speaking, obviously, you can have infinite types of partnerships, what
percentages how many people to what percent each person is required to invest? What are the rights
and privileges of every single partner because you don't have to share the exact same rights and
privileges? What are the percentage profits and can you get more profit than your initial
investment? So for example, if somebody invested 30% and other person invested 70%, must the profit
and loss be shared at 30 and 70? Or can they renegotiate because one of the partners is more
		

			involved with the project than the other? These are all you know, questions that our fuqaha have
discussed. But the concept of Musharaka is something that there should be no controversy over and
there is no controversy theoretically the concept of Musharaka ie multiple people coming together
and forming a business venture should or partnering or should say on a business venture share
		

			This is called Musharaka. And it becomes problematic once again, when you start adding many
conditions. And the person who's basically the in this case, the financial institution, the bank is
adding so many conditions that essentially they're almost guaranteed or perhaps they are absolutely
guaranteed to never make a loss in which case there is no question that anytime you have a business
partnership in which there is the potential for loss for one side, and not the potential for loss
for the other, there is no question that that entire enterprise is extremely shaky, if not outright
forbidden. Because there is a principle in Islamic law alone mobile homie that when there is a
		

			chance for having a profit, there must also be a chance for having a loss, there cannot be
guaranteed profit for any of the investors or else you are your work, you are walking into a land
field of interest, that point of interest. The reason why Riba is haram is because the rich are
guaranteed to get richer, and the Sharia does not allow that to happen. When people come together
for a partnership, the goal and desire is for profit, but there should be a risk of loss. And that
risk of loss, here's the key points must be shared, not necessarily equally, the one who invest 10%
is not going to be like the one who invest 90%. But even the 10% person, there must be the
		

			percentage of loss, it could be 10%, it could be less or more depending on the agreement. But the
problem comes again, when the third party in this case, the Islamic banks or whatnot, they add so
many conditions that sometimes it becomes basically a guarantee almost so how does it work? Again,
I'm being very simplistic here. Again, this is not a lecture on modern Islamic finance, but our
brother wanted the basics, the summary that much inshallah we can do in this lecture. So how do
Islamic banks function on the moussaka model, so the bank and the buyer of the house will enter into
a modified Musharaka where they will both purchase the house 5% is owned by the person 95% by the
		

			bank, because the person gave only 5000, the bank gave 95,000, let's say houses 100,000. So the bank
owns 95%, and the person owns 5%. Okay, technically, that's allowed no problem. But then the bank
puts the condition that you must purchase my 95% Share, okay, that too is not a problem, you can
have that condition, but then the bank puts another condition, but in the meantime, I own 95%. So
you need to pay me rent on that. And so what ends up happening and again, this is so you have a
diminished moussaka, or Muthana officer and winter here but Tim Leake, you have a diminishing
partnership over time, that end result is that you continue to increase your percentage ownership
		

			and eventually the bank becomes 0% owner and you become one 100% owner. This is called diminished
partnership that ends in complete ownership of the house. This is one of the most common mechanisms
of the modern Islamic banks when it comes to Islamic financing. And again, some scholars allow it
some scholars don't allow it and again, why and what not is besides besides the point of this,
however, theoretically Wireshark is a very simple contract, and there should be no problem. The
problem comes when you keep on putting conditions such that one of the parties in this case, the
Islamic Bank is pretty much guaranteed in some cases to make a profit. And anytime the bank is
		

			guaranteed to make a profit and you are not guaranteed to make a profit you can become a loss or
whatnot. This is really pretty much open shut case that in such scenarios, the bank is basically co
opting a mechanism of riba you need to be careful for that. But again, I'm not speaking about every
single contract. There are some mashallah contracts with Islamic banks that there is much more
leeway, and they're much better and they have conditions that are reasonable. So again, this is not
a topic on the modern finance. If you wanted to know more shahada, I told you what is Musharaka. And
the third term you asked about your brother Eros is Mudaraba Mudaraba.
		

			And in fact, Mudaraba is a type of partnership is a type of moussaka and it's actually very, very
simple to understand. Modaraba is a michelada in which one of the partners has the money and the
others has the skill set Simple as that. So rather than every partner coming with money, which is
basically the common wash out a cup, if one partner has money, and the other partner has a skill
set, and the two come together to form a a cooperation, a business venture, and they agreed to share
in the profits and in the loss agree to the percentages. It doesn't have to be 5050 it could be
9010 7030 6040. However, they want to decide it's a mutually agreed upon partnership. So for
		

			example, suppose that a person is a handyman he's a carpenter, and he wants to open a shop to do his
carpentry but he doesn't have the money for a shop. So a rich investor comes and says, You know
what, I like you. You're a nice guy. You're an honest guy, and I like your quality.
		

			You have work I will finance the shop, you will do the manual labor and the money that is generated
we split it you know 5050 6040 7030 9010 Whatever they agree to, this is Modaraba suppose somebody
has mashallah cooking skills chef and nice chef and an investor says you know what? Your Your skills
are so good. You should open a restaurant and the person says, I don't have money for a restaurant,
no worries, I will give you the restaurant I'm going to finance it. I'm going to do everything you
are going to be the the chef and whatnot. And then you bring in your sweat and labor. I'll bring in
the finances and then this is the contract you must have the contract you agree percentages, who was
		

			going to do what all of this must be agreed upon before you enter into Mr. Bata. But in fact, again,
by unanimous consensus, no problems there is no again Mushara can well the all of these are
conceptually no problem. How you interpret them in the modern world by adding all of these
conditions where is where it becomes a gray area. You know, our Prophet Muhammad sallallahu alayhi
wa sallam was involved in a Modaraba contract, you're all aware of it. He was before he got married,
what did he do? Khedira digital, the Allahu anha. She approached the Prophet sallallahu Sallam and
she said, I'm looking for a business partner. I'm looking for somebody who's going to take my
		

			caravan to be like the sham and manage and barter and negotiate and make a profit. And that person
some some reports, say keep a third and I'll take two thirds, okay, so this is Madonna. But this is
exactly what Mudaraba is. Our Prophet sallallahu alayhi wa sallam, and Hadiya Khadija has the
wealth. Our Prophet system has the honesty and the skill set and bartering and negotiating. So
Hadiya gave the wealth to the Prophet system, the prophecies and went to without the sham, and he
bartered, negotiating, he came back with a massive amount of profit, he gave the percentage to her
deja, he took the percentage guaranteed to him and Hadith I was so impressed at his honesty, and his
		

			bashfulness and whatnot. The rest as they say, is history and the concept of Mudaraba. Again, there
is no difference of opinion by Juma it is allowed, as long as one side gives a known amount, the
other side does the specified job. And the profits are split according to an agreed upon percentage
between them, you cannot split profits by a number in this case, Mudaraba. You cannot say $100.
Because you do not know if you say $100, you're paying him a wage. If you say $100 a day, that's a
salary that's not well thought of it that oh, that's a different type of contract. Modaraba is
you're sharing the profit and loss. And you're sharing based upon percentages, and each party comes
		

			to the table, one with the money and the other with the skills. And again, when I say one doesn't
have to be one, it can be 10 people, five of them with money and five of them with skill sets. The
point is that metadata is that type of contract where not everybody is bringing money, and there
must be unknown percentage unknown amount of work everything, there cannot be any unreasonable
unknown. However, once again,
		

			what happens once again, is that in our times, sometimes conditions are placed that basically make
it an interest loan. So for example, the bank says to the chef, that, okay, if you make a profit,
we're gonna get, you know, 70% of the profit. However, if you make a loss, then you must pay us
back, we invested 100,000, you must pay us back 100,000. For example, just giving a hypothetical
example, if the bank puts this condition, it is not well thought of it is an interest loan, because
you cannot place a condition that you're guaranteed to get your money back. The point is, and this
is the whole difference of the philosophy between Islamic finance and between the modern financial
		

			world Islamic finance, because there is a chance of loss, you are going to raise the bar of critical
thinking and of making sure you're getting it with the right person, you're going to do your
research and due diligence. If you have the money, and you are looking for somebody to make some
profit, you're going to make sure you find the right person, the honest person, and then you will
face the consequences if you made a mistake. However, banks, they don't care they want, they don't
care if you have bad credit, no credit, they maybe even want you to fail, because they're going to
confiscate they're gonna, you're gonna go on the street, they're guaranteed their money. And by the
		

			way, you know, the whole 2008 crash and complex that the whole industry that crashed here in America
is because of this issue, that the banks knew that they're giving loans to people who could not pay
them back and they didn't care because from their perspective, they're gonna get rich off of that.
And you know, the system is a massive Ponzi scheme. I don't want to go there. Let's stop there right
now, point being that you cannot, you know, play with economics in this fashion without getting
blowback. And that's what happened in 2008. In the Islamic Sharia, you do not enter into such a such
types of transactions where there is a guaranteed profit. On the contrary, there must be a genuine
		

			risk. And so if you invest 100,000, in a good, you know, qualified carpenter or a chef or whatever,
and for whatever reason, his carpentry doesn't sell
		

			You know what the both of you are going to have a loss, he's going to lose all of his time and
effort, you're going to lose your money or a portion of your money. That's the loss that happens.
That's the whole point here. And that's why such a transaction becomes halal. Anytime you eliminate
the risk and eliminate the chance of loss to one party and not to the other, then you are walking in
to the room of riba of interest. And that is not something that our Shetty allows. So to conclude
here, and as I said, By the way, you can use this as a litmus test. Anytime you have a partnership,
a group of people in which the more powerful and the one that's basically the the elephant in the
		

			room that say they're the 800 pound gorilla, as they say, right? Anytime you have a partnership in
which one person typically the most powerful one is guaranteeing that they're never going to make a
loss, and others have a chance of making a loss, then take this as a litmus test that what you're
looking at is not a business partnership, it is in fact a mechanism a healer to overcome something
that is haram and to try to make the Haram halal. And that is a type of Riba, there must be a
genuine, a genuine Risk of Loss upon all parties not all the same. For example, if somebody invested
90%, and the other person invested 5%, the loss is going to be different, the five person is going
		

			to lose less, but there must be the chance of loss. So Modaraba is the business transaction in which
one person brings skill set and the other person or the other partners bring the money? To conclude
this first question, what we see about modern Islamic finance is that they take these models that
are found in our rich heritage. And they understand that these models, they need to be modified
conditions needed to be added, you know, the context needs to be refined, and they then present them
to the end user. And in this process of refining and adding conditions, which overall is what filter
is all about contextualization. And looking at your circumstance, some of our scholars allow some
		

			things other scholars do not allow them. And this is where the gray area becomes. And so you can
find out more about that by, you know, listening to lectures on modern Islamic finance, and you go
to the experts for that. Their brother also asked for a book list, I will recommend three books and
I don't it doesn't mean I'm endorsing every single paragraph of these books, but you wanted a book
list of where to begin. So I'll give you the first book by one of the most authoritative references
on modern Islamic finance. I have skimmed through this book and benefited immensely from it. It is
called an introduction to Islamic finance by Mufti Turkey Earth money, an introduction to Islamic
		

			finance by Mufti taxpayer with money, multi-tap the earth money is one of the world renowned
specialists in Islamic finance. He is from Pakistan. And his father was the grand mufti of Pakistan
as well. And so and this book has been translated to English and you will find it on Amazon. So this
is definitely a book that I encourage you to read if you're interested in modern Islamic finance,
another one actually written by a non Muslim, but I found it to be very simple and very user
friendly, and it's something that non specialists will benefit from and he simply gathering together
the simple facts, it is called Islamic finance in a nutshell, a guide for non specialists Islamic
		

			finance in a nutshell, a guide for non specialists by Brian kettle, que te te l Brian ketto, Islamic
finance in a nutshell, a guide for non specialists, if you want something a little bit more in depth
and a little bit more specialist, then one book that I can recommend overall and again, doesn't mean
I agree with everything and who am I to disagree, I'm simply saying this is one of the authoritative
references. It is an edited volume by thought IK and deewani edited. So he has a whole bunch of
different articles in different chapters from different authors. And it is called Islamic banking
and finance. And this is more of a in depth work. So this is not something I'd recommend for the
		

			first user initial user rather, if you've read some basic books or you have a background in finance
and you know classical or basically mainstream finance, then you go to the more advanced book and
this is one of them Islamic banking and finance by thought of as deewani now again, there are many
many books out there I don't mean to discourage you from other books, but you asked me my opinion
and these are books that I have some experiences especially the first one mostly adult these is a
standard introduction to the topic and ALLAH SubhanA wa Tada knows best.
		

			Our second question,
		

			an anonymous sister while she asks to remain anonymous, as you'll see why she has a very lengthy
question which I'll summarize. Apparently, she says that she got married to a man and after she got
married, she discovered that the man had an illness
		

			too timid child from a lady
		

			from before their marriage, obviously he was not married to that lady. And he the father or her
husband still has a relationship with this child, he brings the child over every once in a while.
And she was not informed of this child before the marriage. And now she feels uncomfortable,
especially because the two of them have children. And they have daughters, and she doesn't know is
this boy considered a Muharram. To her biological daughters, meaning this child is not from
marriage, this child was from a relationship that was pre pre the marriage, premarital *,
basically, before they got married as well. And she's also asking, Does does does that child have
		

			any financial Right? Or inheritance rights over my husband? Who is the father of my children? Should
this boy be considered a part of my family or not?
		

			Now, no doubt, I'm basing my answers on what you said. So I don't know his side of the story. If
what you have said is true, no doubt, for you to not have been told is not something that is good.
This is not information that he should have kept hidden from you. Because of course, while the
marriage is valid, obviously, it is not healthy, to keep such secrets, because you are the life
partner of this person, he has a child that is his. And also the fact that he was in an illegitimate
relationship is something that you have the right to be affected by, let me put it that way. Right.
And so it's not something that what he did was not right by not telling you. And you should have
		

			been made aware of the circumstances of this person and this child and then make an informed
decision. However, the fact that you were not told her not to wear does not negate the validity of
the marriage contract between you and your husband. So your marriage contract is valid, because
whatever sin the man or the woman has done before the marriage does not have meaning sin of a
		

			sexual nature, it does not invalidate the marriage itself. And so the previous sins of a spouse with
a third party or a child being born does not nullify the Nikka that is taking place. But no doubt
what the person has done is not something that is praiseworthy, and you have the right to feel
irritated, and you have the right to express that irritation. And you know, to that he should make
amends for whatever way possible. However, to move on to the more technical issue. This was the
moral if you like outrage or not, now we get to the technical issue. This issue is multifaceted. And
I'm going to give you generic rules. I do encourage you or your husband to go to a chef and a local
		

			chef and explain your situation so that the chef can quiz you and get more details. Again, that's
something that pretty much all the time if there's a specific fatwa go to a specific Scholar so that
any type of exclusion any type of exceptional circumstances can be taken care of. I can't do that in
a generic q&a, but I will give you Jen generic knowledge about this issue of illegitimate children
because it is something that is something that people need to know about. We seek Allah's refuge and
protection for ever having to deal with it ourselves. Do realize by the way that this issue of unwed
Children are children born out of sorry, mature children born out of unwed marriages. This is one of
		

			the greatest dangers of * outside of marriage. As it brings about children, it results in
children who don't have stable families. And this is one of the main reasons not the only one not
not the, you know, not the primary but one of the primary reasons why our religion has legislated
sexuality and that why it encourages sexuality only within marriage and it forbids sexuality outside
of marriage. We also need to know that the child of an unwed couple is absolutely blameless in all
circumstances, and that never should such a child carry any blame or be made to feel guilty for what
the parents have done. It is true that some books of Islamic fix some books of law, some of them
		

			they do say that the child born of such a marriage should not be the imam or should not be a person
a person of power or dignity, but that is their cultural understanding of certain generic aspects of
the Sharia. In reality, the Quran is explicit, while 10 00 tune with rock rock, that no soul shall
bear the sin of another. Whatever the parents might have done, the child is sinless, and it is not
the fault of the child. The circumstances of the birth of the child have nothing to do with the
honor and dignity of that child and it is unbefitting and unbecoming an Islamic for anybody to
diminish the
		

			In honor of that child for something that the parents might have done, so we need to be very
explicit and clear about this, the child deserves nothing but love and comfort. And no one should
make the child feel uncomfortable. Anybody who does this is doing something that is sinful for the
person that is doing it, and the child is free of any sin of the parents. The next issue is that the
child that is born outside of wedlock, technically, it does not take on the legal protections
afforded by marriage. Now, again, we have to differentiate between the moral status and the
dignified status of the child, which is unblemished, versus the technical perks that come from being
		

			born in a marriage situation, that's something separate, and a child that is born outside of the
wedlock does not take on any legal protection of a marriage because there was no marriage. In fact,
that's one of the purposes of marriage, married brings about legal protection between the partners
and for children born from that partnership. In Islamic law. The child takes on the name of the
Father, the stat the the the financial responsibilities that are the father, the child inherits from
the Father, the Father is financially responsible for raising the child etc, etc. However, if the
child is born outside of the wedlock, then the default position is that there are no such
		

			protections. And therefore the child will not take the name of the child of the Father, the child
will not inherit from the Father. And we're going to come to this point again. But again, this is
the default position that the financial responsibility will not be on somebody who is not considered
to be the legal father of the child. This is the default position. Now, if the woman is married, and
Xena occurs with another man, that's something totally else. In this case, the child shall take on
the name of the married husband, and any external affair will be ignored and neglected by anybody
outside of the marriage situation. No one else has the right to interfere in a marriage situation.
		

			Even if modern tests are done or what not, it means nothing to us, because our laws are not
necessarily the same as biological laws. That's a separate issue our Sharia our field is not
necessarily the same as biological DNA. So if there is a married couple, and once a year, they will
always seek Allah's refuge. Zina occurred, and the married lady gave birth to a child. And DNA later
showed that this child is actually the son of so and so. From an Islamic perspective, we will ignore
that because our Prophet sallallahu alayhi wa sallam said, and while I do live here, OSH the child
is ascribed to the marriage or the bed that it was born upon. And when they do, they will feel rush.
		

			This is the rule of Islamic law, there is only one exception, and that is when the Father Himself
men, sorry, not the father, when the husband of this woman says no, this child is not mine. And the
husband then undertakes a particular process called Leon and with Anna, we're not going to go down
there, that's a technical thing between the husband and wife, the husband, and only the husband has
the right to say, I know this child is not mine. And then there's a procedure to be done. An
outsider cannot and should not get involved. It's none of their business. And if the couple has
passed on modern DNA tests, bring about some other news and whatnot. This is all relegated to you
		

			know, the footnotes and it doesn't affect anything, technically the child shall remain according to
the, the the marriage so and what to do. Lil Faraj, a married lady who has a child, that child is
ascribed to the marriage and not to any type of affair, illicit affair that might have occurred.
Even if DNA shows to the contrary, that means nothing, because we want to just cover up anything
that would have happened and provide dignity and sanctity to the marriage itself. However, if the
lady were single, not married, and the father and mother of the child both agree and claimed that
this child is theirs. So this is now a couple of boyfriend girlfriend, premarital couples, whatever
		

			they they are together for a while, and there is not been she's not a lady that's sleeping with
multiple men. So she's no doesn't No, no, she has been in an illicit relationship with one person
and the two of them, then they have the child and then they claim both of them they say this is our
child, we know it's our child. Now, if they decide to get married, if they decide to get married,
can we backtrack the marriage the child is already born clearly before the kneecap? We're not
talking about a gray area and you know within seven months or something less than nine months
whether if it's six months after nougat no problem, but so the child and the child that is born
		

			after the Nikka even by six months, Inshallah, no problem we don't ask, however, what if the child
is clearly born and then then it got
		

			takes place. And the couple says this is my child. So here we have a majority and a minority
opinion, I hope this is a clear situation, both man and woman are unmarried, the both of them
committed Zina with one another. And the both agree and claim that this child is mine. If there's
disagreement or whatnot, then then the whole situation falls apart. And they both decide to get
married. So now they have a legitimate Nikka. And a child from an illegitimate relationship between
the same two, the majority position, which is the default of the format hips, is that the child
shall be considered illegitimate, even if the marriage takes place, however, is however, raw here,
		

			and shareholder Islam Ibn Taymiyyah, and Ibaka him and many modern scholars, including my own
teacher, show heaven Earth, I mean, they argued quite forcefully that in this case, with all of
these conditions, we shall backtrack the marriage, and we shall overlook that the child was born
before the Nikka. And we shall consider the child to be a legitimate child name and inheritance and
everything will be established. And this is the position that I also follow. And it is, it is in
line with the goals of the Sharia, where we want to cover up a sin, and we don't want to criminalize
the child penalize the child want to cover up any sin and not make a big deal about it. And we want
		

			to protect the interests of the child, and to not, you know, have any backlash about the to have
repented, clearly, and they're trying to make amends, they're trying to get married together, they
do get married together, in this case, according to Ibn Taymiyyah, and Abraham and many, many modern
scholars, that we extrapolate the guy if you like, and we simply claim the child to be a part of the
the basically illegitimate child from this unit. And from this marriage, however, the sister's case,
the one that emailed me, This man had a child, and did not ever marry the woman that he had the
child with. So this does not apply to this case. So if he had married or even if he gets married, a
		

			legitimate Nikka, meaning not to fake one, a legitimate nigga, and the both of them, they know that
this is their child, there were there were you know, together for that period of time. And they both
acknowledge this, according to Ibn Taymiyyah, and many are odema. In this case, the child shall be
considered illegitimate one, and we don't ask about their past. However, if there's no Nica, then
there's nothing to extrapolate. So in your case, your husband did not engage in a kneecap with this
lady. And so you cannot extrapolate back to this. So the child is going to be considered, basically,
technically, legally, not his. However, what does this mean when it comes to financial
		

			responsibility.
		

			So because the default position is that the father, the biological father, is not the legal father,
and there shall be no inheritance. So those scholars said, likewise, there shall be no maintenance,
okay, when there is no technical or legal linkage between this child and between the man who sired
him, even if it's a biological father, so they said, just like there's no inheritance, and just like
the child does not have to, you know, obey the father and whatnot. So to the father does not have to
give financial support upon the child. And this is the default position of our earliest callers now,
doesn't have to does not mean that he should not, there is no doubt that he should, especially if
		

			the child is having difficulty being raised by the mother and her relatives. And here I want to just
point out, and I always, you know, when it comes to Islamic law, I do not view myself as a staff
ruler ever been independent of the giants who precede me, I always am a minor person in their
shadows, and I never give a fuck to or a position that is unique and unprecedented in Islamic
history. There are some areas that I don't mind exploring some issues of Islamic theology, some
issues of the Sunnah of the Prophet system, some issues when it comes to the concept of, you know,
aroma, Quran and Arabic and Quran, there's certain issues, I don't mind being a little bit more
		

			going out on a limb and being in a very minority or maybe even bringing something new and I will
defend myself when I do that. But when it comes to Islamic law, I have always said that I am simply
following giants and I never break away from those giants. I don't consider myself to be qualified
to practice HD hard in Islamic law. However, I will simply point out I will simply point out that a
group of modern scholars and this is a modern opinion, are arguing that a person who engages in
illegitimate * with a lady that that person should be partially if not fully
		

			financially liable as well. And this is a modern opinion. And so I'm simply saying it's there, I am
not endorsing it because I don't feel qualified to endorse such a minority position because it is
only being argued by a group of modern Muslim or Allah ma. In the classical position. I am not aware
of anybody who obligated who obligated upon the biological father, the maintenance of the child. But
this modern group of scholars in the writing and academic journals, the writing, these are people
that are working,
		

			especially as scholars trained in fit, who then work in courts of law in the modern world, they see
things that sometimes people that are simply with their students and reading, you know, the blessed
books, they don't necessarily sometimes see. And you know, what they're arguing, and I've read a few
articles to this point, or an article or two, I should say, to this point, what they're arguing is
that, what happens is that the bulk of the burden is then placed on the woman, the financial burden,
and yet the pleasure and the sin was shared by both the man and the woman. So why should the woman
be burdened financially, when the both of them are equally guilty? Or perhaps even the man is more
		

			guilty? If he was the one who, you know wooed the lady, and, you know, she didn't have experience
with men, and he kept on promising and whatnot, then the both of them did us and no question about
it, and then he just disappears and philos you know, ghosts or whatnot, and then she has to deal
with the child and the aftermath. And so, one, there is a modern position that why should you know
the person not also have a financial obligation. So, that is something that is a modern opinion, at
the same time, I am simply telling you, it's there, I cannot, because of you know, my own
limitations, I have to stick with the great giants and the established schools in Medina have. And I
		

			will say that I am not aware of any pre modern opinion that has obligated financial support upon the
biological father, that having been said, no scholar ever prohibits this support, and it is
definitely the morally correct thing to do. If the person you know, acknowledges this child to be
his own, then your husband, the fact that your husband is, you say that, you know, helping the child
and, you know, taking care of the child once in a while then giving money and whatnot. This is
something that is the least that he should do, and there's no problem Islamically doing it. The as I
said, the issue is whether he's obligated to do or there's wajib or not, no early scholar said that
		

			his was you but no scholar said is how Mr. McRoy either if he wants to give money, he has the right
to give money to whomever he wants. And there's no doubt that this child, you know, being a part of,
you know, your husband's life and being taken care of financially is something that is noble
overall, even if the act itself was not noble, the sin was done. But why should that sin be
perpetuated? Also the the the final point here, and you asked about the issue of marriage, and
you're worried that you know, you this boy is coming to your house, and you have daughters, you
know, from this marriage? And so is there a Harami? Or is there a prohibition of marriage. And when
		

			it comes to this issue, the vast majority of scholars that humbly position the Maliki position, the
Hanafi position is that they say even if the child is illegitimate, still, the marital rules and
prohibitions will apply. Hence, if a father, if a male and a female engage in premarital
*, they have let's say, a daughter, right? This lady, this girl shall be prohibited for
her biological father, and for all of the biological fathers sons, and for the biological fathers
uncles. In other words, that girl or the boy doesn't matter, it will be considered for the purpose
of marriage, like a real child like a legitimate child, not for the purpose of Anessa of
		

			inheritance, you know, of patrilineal descent that no, they said, but for the purpose of marriage.
Yes. And of course, there's one method that disagreed and with our utmost respect for that great
Karachi Imam, even if a nursery I don't I lay but this issue, we have to respectfully simply
delegate to the footnotes and leave it as something to know but never to act upon. No, you just
don't do this. Your biological daughter is a daughter for the sake of marital purposes and you
simply do not open this chapter or door and you leave this position as a minority never acted upon
the default position of the Ummah And Alhamdulillah it is the vast majority position is that a child
		

			born outside of marriage shall be considered a biological child, for the purposes of marriage for
the purposes of what is allowed and isn't allowed. And therefore, this young * that is coming
to your house is haram for your daughters, because your daughters are also the children of the same
man who fathered this boy. So they are his half sisters when it comes to when it comes to what
marriage they are not his half sisters when it comes to the legal rights and privileges when it
comes to the last name, but they are those half sisters or I should say step sisters when it comes
to the issue of marriage, and therefore there is no question
		

			There cannot be any marriage between your daughters and between this boy, likewise, you as well
become haram for this boy because he is, you know, you are married to his father. And so there is no
issue over there. I just want to point out, though, that this is the issue for marriage, quite a
number of other men, including Mr. Kodama, they said that, yes, marriage is haram. But still, hijab
should be observed. Because we don't want to respect the sanctity of marriage by extrapolating it to
situations outside of marriage. And so what they're basically saying is that they don't want to
affirm a normal relationship, because it wasn't a normal union. Nonetheless, the point is that
		

			that's a technicality about whether to wear or not, the main issue is that this child is not allowed
ever to marry your daughters. And he should be told that, you know, your daughters are the children
of your Father, and He knows who his father is, as your daughter, your that your daughters are the
children of his father. And he should he should know this, and he should view them as people that
can never He can never marry. And this is the position of Islamic law as well. I want to conclude
this by stating that, you know, I understand sister that clearly this has irritated you and you have
every right to be irritated. But I advise you to allow your husband some leeway in showing love and
		

			in showing care for this child. It's not his fault. The fact that your your husband is spending time
with the child and spending money on it, I know that of course it will, you know, it will cause you
some grief because you would rather that he spends on your children and whatnot, but put yourself in
the shoes of the child as long as he's giving you your rights giving your children and his children
his rights. If he gives some time and some money to this child that was born outside of marriage and
inshallah it affects this child to grow up in somewhat of a stable environment. Be a productive
person, you know, be a good Muslim, you know, in sha Allah, expect your reward from Allah subhanho
		

			wa Taala I know it's difficult and awkward. And yes, he should have told you but what has happened
has happened and you being good to others in sha Allah, they're going to be good back to you and
inshallah Allah azza wa jal will reward you and also I know the child does not yours, but once
again, it's not the child's fault and for you to show as well some kindness and love and compassion.
And again, just to bring the heart of the child close to you know, the family environment and
whatnot. Inshallah you will get your reward in this and in the end Allah azza wa jal knows best
until next time, just gonna love it. So I'm gonna make more effort to warn you about a cartoon
		

			in Mussolini now, what are the most Lima Do you want to know meaning I mean it will quantity now not
only that the more slaw the dino slaw the bond the one slobby Deena was Slavia right the one before
she you know wonderful she
		

			wouldn't voice hearing our voice she is the one downside BP now one downside the party was all me
now was all in
		

			one have you Lena photo gentlemen wouldn't have failed. What the was that good enough? Guess
		

			what's going on? I don't
		

			wanna jump on Eileen.