How to deal with an adulterous brother and his illegitimate children

30-4-2009 | IslamWeb

Question:

Salaam alaikum. Praise be to Allah, the Lord and Originator and Fashioner and Cherisher and Sustainer of the Worlds. May He continue to shower His choicest and richest blessings and mercies on the greatest benefactor of mankind, Muhammad Mustapha (s.a.w.) and all of us - man, jinn and beast; dead or alive; male and female who accept and practise Islam till the Day of Reality, aameeeeeen.
My little brother, who professes Islam, fathered two male children by a woman who eventually died before any of the Islamic rites on her were fulfilled. My questions are:
1. What is the Islamic view point on this issue considering the fact that the woman died?
2. How do I relate with my brother considering his deliberate zina, and his illegitimate children?

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

 

Your brother is obliged to sincerely repent to Allaah fulfilling the conditions of repentance which we clarified in Fataawa 87903 and 86527.

As far as you are concerned, you should advise him in a good manner not to do the same sin again. If he repents, then praise be to Allaah, but if he insists on committing Zina (fornication or adultery) then you may desert him if you hope that deserting him will be beneficial to him; for more benefit, please refer to Fatwa 84976.

As regards the two children, they are born out of illegal sexual intercourse, so they are not traced back to your brother, rather, they should be traced to their mother, and he does not have any relationship with them; for more benefit, please refer to Fatwa 85430.

Furthermore, there is no special ruling about you dealing with these two children; but you should deal with them in the same manner as you deal with other Muslim children. However, sponsoring them and being kind to them is a good thing.

Allaah Knows best.