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He Wants To Attribute His Child From His Second Wife To His First Wife, Because She Cannot Have Children. What Is The Ruling?

Nigeria Student Forum / Books/Literature/Writing / Muslim's Forum / He Wants To Attribute His Child From His Second Wife To His First Wife, Because She Cannot Have Children. What Is The Ruling? (27) Views

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Rufai Oladimeji
Lagos State University
English
100Level, Nigeria.
Question

I am married and my wife no longer
gets her menses. Is it permissible,
according to Islam, to marry
another wife with the aim of taking
an egg from her and implanting it in
the uterus of my current wife, and
producing a child who will be kept
by my current wife, and we will
attribute him to us? If that is not
permissible, is it permissible for me
to marry a woman so that she will
bear me a child in the natural way,
and I will attribute him to myself
and my current wife, after his birth
mother agrees to that?

Answer

Praise be to Allah.
Firstly:
The first idea, of implanting an egg
from one woman into the uterus of
another woman, is not permissible.
A statement was issued by the
Islamic Fiqh Council concerning the
issue of implanting a fertilised egg
from a couple into the uterus of
another woman, stating that this is
not permissible, even if the woman
in whom the egg is implanted is the
second wife of the husband himself.
For information on the statement of
the Council, please see the answer
to question no. .

Secondly:
The child can only be attributed to
his real parents. Allah, may He be
exalted, says (interpretation of the
meaning):
“nor has He made your adopted
sons your real sons. That is but
your saying with your mouths. But
Allah says the truth, and He guides
to the (Right) Way.
Call them (adopted sons) by (the
names of) their fathers, that is
more just with Allah”
[al-Ahzab 33:4, 5].
Based on that, it is not permissible
to attribute the child to anyone but
his real mother who gave birth to
him. This is the kind of adoption
that is prohibited. That is because
attributing him to someone other
than his real mother may result in
negative consequences, one of
which is that he would inherit from
that woman on the basis that she is
his mother, when in fact she is not,
and this would be a transgression of
people’s rights. Moreover, people
may regard that child as a mahram
of someone for whom he is not a
mahram, such as a maternal uncle
or aunt, or vice versa.

Conclusion:
It is not permissible for you to seek
to have a child in the manner
mentioned. It is also not permissible
for you to marry another woman so
that you can attribute her child to
your first wife.
You have other, permissible means
of having a child, such as marrying
a second wife. In that case, if Allah
blesses you with children from her,
there is no reason why the first
wife cannot take care of the
upbringing of some of the children
of the second wife, as a way of
bringing her comfort and
consolation by having children
around her. If it is not possible to
marry a second wife, but you can
take care of an orphan, then we
advise you to try to do that, but
without attributing the child to
yourself or to your wife, unless she
actually gave birth to him.
For more information, please see
the answers to the following
questions: , ,
We ask Allah to bestow upon you
righteous offspring, for He is able to
do that.
And Allah knows best.

islamqa.info/en/answers/186347/he-wants-to-attribute-his-child-from-his-second-wife-to-his-first-wife-because-she-cannot-have-children-what-is-the-ruling

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