Question
Husband and wife are separated. They have been living apart for several years. The husband refuses to issue Talaaq. During the separation the wife had an affair a child was born. What is the status of this child?
Answer
The child is legitimate and will inherit in the estate of his mother's husband regardless of his mother's adultery. A man who spitefully refuses to issue Talaaq cuts off his nose to spite his face. Even the estranged wife will inherit in her husband's estate even if the separation without Talaaq endures a lifetime. The nikah remains valid.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 02
- PDF page
- 4
Appears under PLUNDERING THE MUSJID (approximate).