DIVORCE SECTION · 30 – CLAIMING OWNERSHIP OF A CHILD BORN FROM ADULTERY
It is narrated from Ibn ‘Abbas, may Allah be pleased with him, that the Messenger of Allah, peace and blessings be upon him, said: “There is no illegitimacy in Islam.” If anyone committed zina during the time of ignorance (and has a child from it), then that child is assigned to his/her father’s lineage. And if someone claims parentage of an illegitimate child, he cannot inherit from him, nor can the child inherit from him.
Amr bin Shu’ayb has narrated from his father, and his grandfather said: The Messenger of Allah ﷺ gave judgment regarding those who claim lineage for a person after the death of the one alleged to be his father. He stated: "If a master possesses a female slave, then the child that arises in relation to her when she is under his control belongs to him; he is the one who incorporates it into his lineage. However, the child has no claim to the master’s property until it is distributed. Of the undistributed property, he has a share equivalent to what he did not live to attain. If the master to whom the child is attributed denies that the child is his, then he cannot be incorporated [into the lineage]. If the child arises from a female slave who is not in his possession or from a free woman with whom he commits adultery, then the child cannot be incorporated [into the lineage], nor can he be a heir, even if the one called ‘my son’ brings a claim. For indeed that child is a *mawlud al-zina* – born of a free woman or a slave woman.”
Muḥammad ibn Rāshid narrated it on the same chain of narration and with the same meaning as the preceding hadith. However, there is this addition in it: “That person is the child of illicit relations for his mother, whether she be free or a slave.” It was among those incorporated in the early days of Islam.
He said, "What was distributed [as inheritance] before Islam has passed away."