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Shiavault - a Vault of Shia Islamic Books Philosophy of Islamic Laws Question 15: Why Illegitimate Children Are Kept Away From Some Posts? Question: Whereas we know that the children born due to illegal relations have no role in their illegitimacy and have not committed any sins, then also according to Islamic traditions they are not treated fairly. And they are not allowed to take the important posts like that of a judge, Imam-e-Jamat and Maraja etc.
Why a person who has not committed any sin, just because the fault of his parents, should be ill-treated and kept away from important posts in the society? Some people also say that such children will neither go to Paradise nor see any goodness. Is it right? Whereas we also know that Allah will not write one person's sin in another person's account?
And no soul earns (evil) but against itself, and no bearer of burden shall bear the burden of another …[^1] Answer: Before we give the answer it is necessary to discuss the following points which are the basis of this topic and then we can conclude from it. (1) Due to illegal relationship, the relation between father and son is finished from the point of view of law and economics and thus it cuts off the family relationship and sentiments, which is the basis of a society.
Sometimes the female doesn't know that from the sperm of which man she had become pregnant. In this way a child does not know his father, grandfather, grandmother and relatives. And generally many ethical, psychological, social, training, family, financially and sentimental defects come into existence because of it.
This is the reason that the Holy Prophets (s.a.w.a.) and laws makers of the society prohibited things, which are against sanctity; the Shari’ah also prohibits the illegal relationship. (2) In every community there are rules of marriage; that is why to establish illegal relationships is against the law. This is the reason that the person doing this type of deed feels guilty due to this, which stems from the sinful soul and has bad results, which arise from this type of deed.
And when a person repeats this deed or due to other factors the guilt of the person becomes less or if the fornicator does not have the feeling of guilt, then also there is a thief present in his inner self, and he become ill mannered, breaks the law, and deviates.