Dear brothers and sisters, May 27, 2009;
Assalaamu Alaikum Wa Rahmathullahi Wa Bharakhathuhu.
Brother Shahid has sent two Traditions supporting the verdict that a child born to non-Muslim parents due to conception before marriage is not to be named after the father.
We found the following Tradition in connection with the first Tradition.
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The words "slave woman father attributed" appear in 1 hadith(s) in Abudawud translation.
(1) Narrated Abdullah ibn Amr ibn al-'As: The Prophet (peace_be_upon_him) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, that if he was the child of a slave-woman whom the father owned when he had intercourse with her, he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs. If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse, he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, since he was a child of fornication whether his mother was free or a slave. (Book #12, Hadith #2258)
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The above Tradition and the one given by bother Shahid has no indication as to the father being single at the time of conception. That fact of being single is an assumption on the part of brother Shahid and others who claim that they have evidence. Further there is no information to say that the father was a non-Muslim at the time of conception. Also the question was not about inheritance but regarding the name. The above Tradition clearly indicates that the child of fornication could be named after the father but has no share in the inheritance.
The second Tradition is about a married woman begetting a child through fornication. The question was regarding the parents who had sex before marriage but married later. Thus the second Tradition has no relevance to the question. Hence we do not analyze the Tradition further.
Alhamdhulillah we found the following Tradition.
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The words "illicit pre-Islamic" appear in 1 hadith(s) in Abudawud translation.
(1) Narrated Abdullah ibn Amr ibn al-'As: A man got up and said: Apostle of Allah, so-and-so is my son; I had illicit intercourse with his mother in the pre-Islamic period. The Apostle of Allah (peace_be_upon_him) said: There is no unlawful claiming of paternity in Islam. What was done in pre-Islamic times has been annulled. The child is attributed to the one on whose bed it is born, and the fornicator is deprived of any right. (Book #12, Hadith #2267)
=== The above Tradition clearly shows that during the pre-Islamic period paternity was claimed even based on illicit sex. It was annulled in Islam. This is a confirmation that Verse 2:256 requires that non-Muslims be judged by their religion and not by Islam.
Allah Subhana Wa Taala knows best.
Your brother,
Mohideen Ibramsha
http://www.google.com/profiles/MohideenIbramshaPhD
Was Salaam