Fatwa: # 19885
Category: Misc. Fiqh
Country: Canada
Date: 21st March 2012

Title

Unanswered

Question

Assalamu Alaykum wa Rahmatullahi wa Barakatuh, may Allah reward the one who through Him, clarifies the deen for those who are confused. I know of an illegitimate child, who is very dear to me, born to a Christian mother and Muslim father, neither were married to each other or to others during the period when she was conceived and birthed, her father has never been married, and with little information she knows of her mother, her mother has never married as well but is currently engaged. Alhamdulilah it was the will of Allah that she would fall under the guardianship of her Muslim father, the mother having abandoned her after birth as well as cutting off all ties of kinship, the maternal side of the family has not provided for her nor have they even kept contact. She has been in the custody of the father and his side of the family all her life. ***Also, I honestly do not know if this would be helpful, but the daughter is an only child and unmarried. The following are questions regarding her status and rights according to the Shariah;

1) Who holds true guardianship over her?

2) Is the paternal side of her family Mahrams? A. is it permissible to remove her hijab in front the father's full/half brothers and grandfathers, and to be alone with them? T kiss and hug her father?

3) Who's surname must be taken? Is it haram if she does not change it?

4) Is she entitled to her share of the fathers wealth by inheritance?

5) Do she have to fulfil religious obligations with the paternal side? A. To be dutiful to the father, uphold ties of kinship etc..

6) Is she to only be attributed to her mother, regardless of their relationship?

7) Lastly, if her mother were to marry, would her husband be considered as having a higher authority or guardianship over her than the biological father? A. Would she have to fulfil the obligations a legitimate child has to their father in Islam with him? JazakhAllah Khayr, apologies if this seems demanding or too much to answer! This is greatly, greatly appreciated :)

Answer

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