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Concerning obedience to his disbelieving parents, and attribution of an illegitimate son

Question: 220070

I am a revert and from my jahiliyya time I have a son who is now 9 years.

His mother and me were never married and 3 years ago we separated. 2 years ago I reverted alhamdulillah
and now I am married to a pious and religious muslim woman alhamdulillah.

My son is today living more with his mother than with me and my wife plan to move to another
city where there is a mosque and more muslims to socialize with, and its not even far away but
somehow my mother and her husband (I refer to them as my parents) are against this idea and cannot
understand it. They are also non-muslims and sometimes I feel that they are a little against my wife, and also
they have difficulties in understanding that we are practicing muslims.

I know that as muslim I have to obey my parents even when they are kuffar but until what point?

I just want to plan and live my life with my wife and I have no intention to cut my family ties with
either my son or with them. What can you advise me to handle this situation? Now my parents are angry
with me and we are not talking at the moment. And what is the ruling in Islam according to my son? Who
is he attributed to?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

We congratulate you on your entering
Islam, the religion of truth and of sound human nature with which Allah
created His slaves. We ask Allah, may He be glorified, to make you steadfast
in adhering to His religion and to protect you from the evil of the devils
among mankind and the jinn. 

With regard to your disbelieving parents,
you have to honour them, uphold ties with them, and keep company with them
on a basis of kindness. Allah, may He be exalted, says (interpretation of
the meaning):

“And We have enjoined on man (to be
dutiful and good) to his parents. His mother bore him in weakness and
hardship upon weakness and hardship, and his weaning is in two years give
thanks to Me and to your parents, unto Me is the final destination.

But if they (both) strive with you to
make you join in worship with Me others that of which you have no knowledge,
then obey them not, but behave with them in the world kindly, and follow the
path of him who turns to Me in repentance and in obedience. Then to Me will
be your return, and I shall tell you what you used to do.”

[Luqmaan 31:14,15]

It says in al-Fawaakih ad-Dawaani ‘ala
Risaalat Ibn Abi Zayd al-Qayrawaani (2/290): One of the individual
obligations upon every accountable individual is honouring his parents,
i.e., treating them kindly, even if they are evildoers, with regard to
anything that does not involve shirk (or sin), and even if they are
mushrikeen, because of the verses which indicate that in general terms.
Rights are not waived because of evildoing or being of different religions.
End quote. 

With regard to obeying disbelieving
parents in matters that are right and proper, the scholars differed as to
whether that is obligatory. A number of scholars stated that it is also
obligatory to obey them in matters that do not involve disobedience towards
Allah, may He be exalted. 

It says in al-Adaab ash-Shar‘iyyah
wa’l-Minah al-Mar‘iyyah (1/437): From the above it appears that
obedience to one’s father is obligatory even if he is a disbeliever. This
was stated definitively by the author of an-Nuzum. The apparent
meaning of his words in al-Mustaw‘ab as-Saabiq concerning the words
“even if they are evildoers” indicates that if the parents are disbelievers,
in that case it is not obligatory to obey them. That concurs with what was
mentioned by our companions, that their permission is not needed for jihad,
regardless of whether it is an individual obligation in his case or not. End
quote. 

But if the disbelieving parents behave in
such a manner that it seems that want to bar their child from Islam or from
following its laws and obligatory duties, or from something that is more
beneficial to him in terms of his religious commitment that enables him to
learn and understand matters of religion, then it is definitely not
permissible to obey them in that case. 

Based on that, you do not have to obey
your parents by not moving to that place that is better for you and your
wife in terms of your religious commitment. 

Shaykh Ibn ‘Uthaymeen (may Allah have
mercy on him) was asked about a father who did not let his son attend
classes and study circles, which resulted in the son losing his religious
commitment and going to watch movies and do other haraam things; is the
action of this father regarded as barring his son from the path of Allah,
and is the son obliged to obey his father in this instance? 

He replied:

If your father or mother forbids you to
attend study circles, you should not obey him, because attending study
circles is something good, and it will not result in any harm to the
parents. Therefore we say: do not obey them, but strive to be diplomatic
with them. 

What is meant by being diplomatic is not
to tell them that you are going to study circles; rather you can act as if
you are going to see your friends and the like. 

With regard to the father and mother who
prevent the son from attending study circles, that comes under the heading
of preventing the remembrance of Allah, so they are sinning by doing this.
What the father and mother should do if they see their son is interested in
seeking knowledge is to rejoice at that and help him as much as possible,
because this is a blessing from Allah to him and to them. Who is the child
who can benefit a parent if he or she dies? It is the righteous child, as
the Prophet (blessings and peace of Allah be upon him) said: “When a person
dies, all his good deeds come to an end except three: ongoing charity,
beneficial knowledge or a righteous child who will pray for him.”

End quote. Liqaa’aat al-Baab al-Maftooh,
no. 99, p. 9 

Our advice to you in this case is that you
should move to that place where there is a mosque and more Muslims, so that
you can cooperate with them in righteousness and piety and in obedience to
Allah, may He be glorified and exalted. 

We should not neglect to remind you to
strive to call your parents to the truth, for they are in the greatest need
of that, to save them from disbelief and sin. You should use wise means of
calling them and strive to show kindness towards them as much as you can. 

Secondly: 

With regard to this child who was born
from an illicit relationship, he should not be attributed to you at all;
rather he should be attributed to his mother who gave birth to him. That is
because the Prophet (blessings and peace of Allah be upon him) said: “The
child is for the (owner of the) bed and the fornicator gets nothing.”
Narrated by al-Bukhaari (2053) and Muslim (1457) 

But if the woman with whom the man
committed that evil act is not married, then a number of scholars said that
it is permissible for the fornicator in that case to attribute the child she
bore to himself. 

This has been discussed in fatwa no.
85042

And Allah knows best.

Source

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