Definition, Etymology, and Legal Status in Islam
Definition
BASTARD (ولد الزنا, waladu ʾz-zinā): In Islamic terminology, a bastard refers to a child born out of wedlock. In Islamic jurisprudence (fiqh), the term used is waladu ʾz-zinā, which specifically denotes an illegitimate child.
Etymology
- Arabic: ولد الزنا (waladu ʾz-zinā)
- Walad means “child”
- Al-zinā means “adultery” or “fornication”
Languages and Translations
- Arabic: ولد الزنا (waladu ʾz-zinā)
- Turkish: zina çocuğu
Legal Status in Islamic Law
According to Islamic law (Sharia), an illegitimate child has no legal father. This principle influences several aspects of the child’s life and relationship with their parents:
Paternal Rights and Responsibilities
- No Legal Father: The child is not legally recognized by their biological father.
- Education and Upbringing: The father does not have legal rights to interfere in the upbringing and education of the child.
Inheritance
- No Inheritance from Father: The illegitimate child does not have the right to inherit from the biological father.
- Inheritance from Mother: The child can inherit from the mother.
Testimony and Social Status
- Validity of Testimony: The evidence given by an illegitimate child is valid because they are considered innocent of their parents’ actions.
- Exception in Testimony: According to Imām Mālik, the child’s testimony is not accepted in cases involving charges of whoredom.
References
- Baillie’s Digest: Provides detailed explanation on the inheritance and legal status of an illegitimate child in Islamic law (p. 432).
- Al-Hidāyah: A classical Hanafi legal text that discusses testimonies and the legal implications for an illegitimate child (vol. ii. 692).
Further Studies
For an in-depth understanding of this topic, consider reading the following books:
- “The Four Imams” by Muhammad Abu Zahra: Provides insights into the four major Sunni schools of thought in Islam.
- “Islamic Jurisprudence” by Imran Ahsan Khan Nyazee: Explores the complexities of Islamic legal theory and practice.
- “Mukhtasar al-Quduri” by Imam al-Quduri: A classical manual detailing Hanafi jurisprudence.
Takeaways
- Legal Implications: The legal system in Islam has specific rules concerning the rights and responsibilities associated with a child born out of wedlock.
- Inheritance Rights: An illegitimate child’s inheritance rights are limited compared to those born within wedlock.
- Testimony Validity: The validity of an illegitimate child’s testimony varies according to different Islamic schools of thought.
Conclusion
The term waladu ʾz-zinā embodies complex legal and social implications in Islamic jurisprudence, reflecting the religion’s strong emphasis on moral and familial structures. Understanding these nuances helps provide a comprehensive view of Islamic legal and social norms.
