🌍 Children, inheritance & global · #155

A biological father wants to leave property to his child born out of wedlock. Can he?

Yes, through a gift during his lifetime (hibah) or a will (wasiat) of no more than one third of his estate. A child born out of wedlock is not attributed by lineage (nasab) to his biological father, so he does not inherit through faraid. But the child does not bear the sins of the adults, and Islam does not stop anyone from being good to him. Providing something for his future is a sign of responsibility, not an acknowledgement of lineage. If the father already has a family, this wish is better discussed honestly with his wife, because secrets uncovered after death often spark disputes. Get a syarie lawyer's advice so that the hibah or will document is written correctly. See custody (hadhanah) and lineage.

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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