The child is attributed to the husband unless he resorts to Li`an

Q 7: If a married woman commits Zina (adultery) then becomes pregnant and gives birth to a child, who is that child's father? Is it her husband's according to the Hadith that states, The child is to be attributed to one on whose bed he is born, and the adulterer should be stoned to death (Part No. 20; Page No. 339) or not? If that child remains with their stepfather, can he adopt him and count him among his children, or consider him a slave? If that child is attributed to his mother's family, can he consider him among his children or just let him stay while being treated as an illegitimate child?

A: If a married woman commits Zina and becomes pregnant, the child is attributed to her husband, according to the Sahih (authentic) Hadith. If the husband wants to disown that child by Li`an (allegation of adultery against a wife, accompanied by mutual invoking of Allah’s Curse/Wrath if lying), he can refer to the court. That child does not become anyone's slave. As for adoption, it is impermissible, and it does not render the adopted child a real child for the person who adopts him. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.