Former CJP Iftikhar Chaudhry Challenges Imran's Nomination Papers

naveed

Chief Minister (5k+ posts)
#1

 
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NasNY

Minister (2k+ posts)
#5
And Allaah knows best.

If the zaani acknowledges and admits paternity of his illegitimate child, should the child be attributed to him and regarded as a legitimate child of his, with all the attendant rulings on parents and offspring, or not?

There is a difference of opinion among the scholars concerning this issue.
The majority of scholars are of the view that the illegitimate child is not to be attributed to the zaani, even if he acknowledges him and wants to attribute the child to himself; rather the child is to be attributed to his mother only.
Some of the scholars are of the view that if the zaani wants to attribute his illegitimate child to himself, then the child should be attributed to him. This is also the view of some of the salaf (early generations) and was narrated from Imam Abu Haneefah.
This difference of opinion has been discussed previously in the answer to question no. 33591

The view that the illegitimate child is to be attributed to the zaani if he wants to acknowledge him and if the mother was not married to any other man, is more correct, and Allah knows best. It was the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and his student Ibn al-Qayyim. See: al-Ikhtiyaaraat al-Fiqhiyyah (p. 477) and Zaad al-Ma‘aad (5/374).
Ad-Daarimi narrated in his Sunan (3106) that Sulaymaan ibn Yasaar said: If a man claims that a boy is his son and that he committed zina with his mother, and no one else claims that boy as his, then he may inherit from him.

Ibn al-Qayyim said: Rationally speaking, the father is one of the two parties involved in the act (of zina), and as the child is attributed to his mother and she may inherit from him and he may inherit from her, and the blood relationship is established between him and the mother’s relatives, even though she bore him as the result of zina and the child was the product of the water of both parties and they both agreed that he is their child, why shouldn’t the child be attributed to him if there is no other man who claims to be this child’s father. This is based purely on rational thinking.
End quote from Zaad al-Ma‘aad, 5/374

if the woman was married and had a child six months after being married, then the child should be attributed to the father, and he cannot deny the child unless he divorces his wife by means of li’aan. If a man claims that he committed zina with this woman and that this is his illegitimate child, no attention should be paid to him, according to scholarly consensus, because the Prophet (peace and blessings of Allaah be upon him) said, “The child is to be attributed to the husband and the adulterer deserves nothing.” Narrated by al-Bukhaari, 2053; Muslim, 1457.
Ibn Qudaamah said: “The scholars were unanimously agreed that if a child is born to one man’s wife, and another man claims it is his child, the child is not to be attributed to the latter. The difference of opinion arises when a child is born outside of marriage.”

If the woman is not married, and she has a child as a result of zina, and the zaani (adulterer, man who committed zina) claims it is his child, should the child be attributed to him or not?
The majority of scholars are of the view that the child should not be attributed to him.
It was narrated from al-Hasan, Ibn Sireen, ‘Urwah, al-Nakha’i, Ishaaq and Sulaymaan ibn Yassaar that the child should be attributed to him.
This was also the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him).
Ibn Qudaamah also narrated this view from Abu Haneefah. He said: “ ‘Ali ibn ‘Aasim narrated that Abu Haneefah said: If a man commits zina with a woman and she gets pregnant from him, I do not see anything wrong with him marrying her even though she is pregnant, so as to conceal her (sin), and the child will be his child.” (al-Mughni, 9/122).
Ibn Muflih (may Allaah have mercy on him) said: Our shaykh [Ibn Taymiyah] favoured the view that a man may attribute to himself a child who is the result of zina with an unmarried woman. al-Furoo’, 6/625
Ibn Qudaamah (may Allaah have mercy on him) said: The illegitimate child should not be attributed to the zaani according to the majority of scholars, but al-Hasan and Ibn Sireen said: he may be attributed to the zaani if the hadd punishment has been carried out on him, and he may inherit from him. Ibraaheem said: He may be attributed to him if the hadd punishment of flogging has been carried out, or if he becomes the owner of the woman with whom he had intercourse. Ishaaq said: He may be attributed to him, and he quoted something similar from ‘Urwah and Sulaymaan ibn Yassaar.
Shaykh al-Islam (Ibn Taymiyah) said: There are also two views among the scholars concerning the zaani claiming the child as his if the woman is not married. The Prophet (peace and blessings of Allaah be upon him) said: “The child is to be attributed to the husband and the adulterer deserves nothing.” So he said that the child belongs to the husband, not the zaani. But if the woman is not married then this hadeeth is not applicable. ‘Umar attributed children born in the jaahiliyyah to their fathers, but this is not the place to discuss this issue in detail.
Al-Fataawa al-Kubra, 3/178
The majority of scholars quoted as evidence that the illegitimate child should not be attributed to the zaani the hadeeth narrated by Ahmad (7002), Abu Dawood (2265) and Ibn Maajah (2746) from ‘Amr ibn Shu’ayb from his father from his grandfather who said: “The Prophet (peace and blessings of Allaah be upon him) ruled that whoever is born to a slave woman who was not owned by his father, or (was born to) a free woman with whom (the father) committed zina, then he cannot be attributed to him nor can he inherit, even if the one to whom he is attributed claims him as a son. He is the child of fornication whether his mother was a free woman or a slave.”
This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood, and by al-Arna’oot in Tahqeeq al-Musnad. It was quoted as evidence by Ibn Muflih to support the view of the majority.
The Prophet (peace and blessings of Allaah be upon him) ruled that the illegitimate child should not be attributed to the zaani and could not inherit from him, even if the zaani claimed him as his child.
Undoubtedly attributing the child to a particular person is a serious matter on which many rulings of sharee’ah depend, such as matters of inheritance, who is forbidden for marriage (mahrams) and who are his relatives.
The point is that the fatwa which says that the illegitimate child should not be attributed to the zaani is in accordance with the view of the majority of scholars.
With regard to Shaykh Ibn Jibreen (may Allaah preserve him), perhaps he based his view on the other scholarly view which we have mentioned above.
Based on the view of the majority, the illegitimate child – whether male or female – should not be attributed to the zaani, and should not be described as his child. Rather he should be attributed to his mother; he is a mahram for her and may inherit from her like all her other children.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “With regard to the child who is born as a result of zina, he is the child of his mother, not of his father, because of the general meaning of the hadeeth in which the Prophet (peace and blessings of Allaah be upon him) said: ‘The child is to be attributed to the husband and the adulterer deserves nothing’ – i.e., this is not his child. This is what the hadeeth means. If the man marries her after repenting, then the child has been conceived before marriage and repentance and is not his child; he cannot inherit from the man who committed zina even if he claims him as his child, because he is not his legitimate child.”
From Fataawa Islamiyyah, 3/370.
In Fataawa al-Shaykh Muhammad ibn Ibraaheem (11/146) it says: The child who is created from the sperm of the zaani cannot be called the child of the zaani.
And Allaah knows best.
 
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mskhan

MPA (400+ posts)
#7
اس کانے کو شرم آنی چاہیے۔ ایک اللہ کے ولی پر ایسے گھٹیا الزامات لگا رھا ھے
Esko bilkul sharam ane chahey, ye beghairat ak sabiq Chief Justice hai, esko abhi khayal aya nomination papers challenge karney ka, ye barwa PMLN ka darbari hai, ye onko khush karney ke leye ye sab kuch kar raha hai. He won’t succeed, they guy hasn’t done anything wrong while Nawaz and his gang and Zardari and all those other wankers have looted the country for decades.
 

mskhan

MPA (400+ posts)
#8
The gang of thugs are trying to stop IK. Does anyone think he.can be successful?
Because watching some analysts yesterday and they seem concerbing this and they seem concerned as well that IK may not become PM if PTI wins.
Which analysts Rauf Kalasara, these pricks are like prostitutes, they will do anything for money.
 

Notpersonal

MPA (400+ posts)
#11
Instead of making cases against Nawaz Sharif and others who looted this country 30 years , this corrupt CJ challenging IK who is fighting war against mafia ,
From here you can imagine who have been CJ of Pakistan so many years and his sincerity for this country , lanat on this rat
 

Raja Farooq

MPA (400+ posts)
#13
Only Allah iz protecting Imran he has challenged all mafias together All these criminals r showing real faces media this ugly man and paid patwari they got no problem with corrupt generals media zar shar only imran iz wrong
 
#14
Only Allah iz protecting Imran he has challenged all mafias together All these criminals r showing real faces media this ugly man and paid patwari they got no problem with corrupt generals media zar shar only imran iz wrong
Aik Hadees ha yahan zikar karta hun:

Aik dafa Huzoor (S.A.W) Ashab (R.A) k sath baithay thay to Aap (S.A.W) na farmaya k aik waqt aay ga jab jhoot or sach ko pehchan'na mushkil ho ga. To logo na pocha Ya rasul Allah agar ham wo waqt daikhen to kaisay sach pehchany to aap na farmaya k tum agar waqt daikho to daikhna k jis ki taraf Batil k teer hon ga Haq us taraf ho ga or Batil ko tum jan sako gay.

ALLAH PAK KAMI BAISHI MUAF FARMAIN!

Aj even PMLN k supporter bhe ye mantay hen k Nawaz Shareef corrupt ha (hence they know Batil) baki daikh lo sab k teer kis taraf hen?? Reham Khan (proven Batil) Gulalie (Proven Batil) Molana Fazlur Rahman , Mehmood Achakzai, Nawaz Shareef and Chief Justice who himself has bad reputation
 

msyedh

Politcal Worker (100+ posts)
#17
عمران خان جیسےبد کردار شخص کو پاکستان کی سیاست سے باھر کرنے کیلئے جسٹس چودھری افتخار کا یہ اقدام پاکستان کی سب سے بڑی خدمت ہے، چودھری افتخار اس کیلئے مبارکباد کا مستحق ہے
 

Jalil Malik

MPA (400+ posts)
#18
In 2013 election, he helped NS to win election through ROs and now again trying to stop him coming into power. But Khan is going to be next Prime minister of Pakistan - Rok saktay ho tu rok lo
 

Mirza Marjana

Politcal Worker (100+ posts)
#19
عمران خان جیسےبد کردار شخص کو پاکستان کی سیاست سے باھر کرنے کیلئے جسٹس چودھری افتخار کا یہ اقدام پاکستان کی سب سے بڑی خدمت ہے، چودھری افتخار اس کیلئے مبارکباد کا مستحق ہے
Sirf afsoos he kia ja sakta hy ap ke es baat py......................................... keeny aur hasd ke koi hadh hoti hy...

bhtr hota agr ap koi naik aur parsaa banda bta dety................. jis ko hum log vote den
 

msyedh

Politcal Worker (100+ posts)
#20
In 2013 election, he helped NS to win election through ROs and now again trying to stop him coming into power. But Khan is going to be next Prime minister of Pakistan - Rok saktay ho tu rok lo
I believe in god and I am sure that god will not choose person like Imran Khan for Islami Jamhoria Pakistan who has dirty past. He will be never prime minister of Pakistan, does not matter PTI win or loose next election.