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Sunan Abi Dawud 2274 (Book 13, Hadith 100) #22565
Rights of Children in Islam

SUMMARY: The hadith explains that in Islam, a child is attributed to the one on whose bed it is born and the fornicator has no right over the child.

'Amr b. Shu'aib on his father's authority said that his grandfather reported: A man got up and said: Messenger of Allah, so-and-so is my son; I had illicit intercourse with his mother in the pre-Islamic period. The Messenger of Allah said: There is no unlawful claiming of paternity in Islam. What was done in pre-Islamic times has been annulled. The child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right.
حَدَّثَنَا زُهَيْرُ بْنُ حَرْبٍ، حَدَّثَنَا يَزِيدُ بْنُ هَارُونَ، أَخْبَرَنَا حُسَيْنٌ الْمُعَلِّمُ، عَنْ عَمْرِو بْنِ شُعَيْبٍ، عَنْ أَبِيهِ، عَنْ جَدِّهِ، قَالَ قَامَ رَجُلٌ فَقَالَ يَا رَسُولَ اللَّهِ إِنَّ فُلاَنًا ابْنِي عَاهَرْتُ بِأُمِّهِ فِي الْجَاهِلِيَّةِ فَقَالَ رَسُولُ اللَّهِ ‏ "‏ لاَ دِعْوَةَ فِي الإِسْلاَمِ ذَهَبَ أَمْرُ الْجَاهِلِيَّةِ الْوَلَدُ لِلْفِرَاشِ وَلِلْعَاهِرِ الْحَجَرُ

TOPICS
child  *  paternity  *  fornication  *  walad  *  waladiyyah  *  aljahiliyyah  *  zina  *  period

QUICK LESSONS:
Protecting children from harm, attributing a child to those on whose bed he/she was born .

EXPLANATIONS:
This hadith explains an important concept in Islamic law which is that a child is attributed to the one on whose bed it is born and not to any other person, even if they are related by blood or have committed fornication together. This means that even if two people have an illicit relationship, their child will still be attributed to them and they will still have rights over them as parents. Furthermore, this hadith also states that any claims of paternity made before Islam are annulled and thus do not hold any legal weight or authority in Islamic law. This shows us how important children's rights are in Islam and how much emphasis there is placed upon protecting them from harm or exploitation of any kind.

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