Question ID: 28511
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As salaamu alaikum
. Respected Mufti

My brother was married for one and a half years and living with his in-laws. During this time his ex-wife was very aggressive and abusive towards him to the point where he ended up in the Intensive care unit in hospital. Towards the latter portion of this relationship his ex-wife fell pregnant. However, this marriage was not consumated. He was only allowed to ejaculate on top of her. She did not allow any penetration. However, she made him believe that she was pregnant with his child. They have since divorced and she refuses him any access to the child and says she will not reveal who the father of the child is. We have consulted with doctors and leading ulema as to whether it is possible for him to be the father of the child, but have received conflicting view points.

1) Islamically is it possible for a woman to fall pregnant without penetration?

2) If it is possible what are his rights towards this child?
Jazakallah

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Asked on August 26, 2008 12:00 am
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Private answer

1) Yes
2) As his child
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Answered on August 26, 2008 12:00 am