Illegitimate child inheriting from father after both accept Islam

Category: 

Inheritance

According to Madhhab: 

Hanafi

Reference: 

1439-688

Question:

My question is does an illegitimate child from non-Muslim parents inherit from his biological father when the illegitimate child and his biological father become Muslims?

Answer:

The Shar’i ruling with regard to illegitimate children is that they are not attributed to their father at all; rather their lineage will only be linked to their mother. Hence, Shar’iah has not established a share for such children from the estate of their father. Therefore, in the enquired case, the illegitimate child will not inherit from his/her father even after they both (child and father) accept Islaam.

However, the father is permitted to make a Wasiyyah (bequest) for him/her up to one third of his estate.

AND ALLAH TAÁALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST

ANSWERED BY: Abdullah Badat
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date:29 Thul Hijjah 1439
English Date: 10 September 2018