The Majlis Archive

Nikah (Marriage) - Talaaq (Divorce) The Majlis Vol 21 No 03, p.5

There is a woman who had a baby 18 years ago.

Question

There is a woman who had a baby 18 years ago. She and her husband took care of the baby since he was born. However, the woman was unable to breast-feed the baby because of a medical condition. Around his 18th birthday, the hospital where he was born called and said that they had made a horrible mistake, and the boy was not their son. At the time of birth, the name cards of the babies were switched. Is this child still regarded as their son. Is this boy the mahram of the woman who had reared him for 18 years?

Answer

The information furnished by the kaafir hospital 18 years after the event is unreliable and does not constitute acceptable and binding evidence in terms of the Shariah. On the basis of the hospital's call, the paternity of the child will not be negated. They are the parents of the boy. Nothing has changed on the basis of the hospital's call. An issue of this nature requires Shar'i Shahaadat - such testimony which is acceptable in the Shariah.

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The Majlis Vol 21 No 03
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5

Appears under DIYAT AND KAFFAARAH.

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