FatwaFederal TerritoriesInheritance, Wills & Gifts
AL-KAFI #2002: ADAKAH ANAK LUAR NIKAH TIDAK DAPAT FARAID?
Can a child born out of wedlock inherit under faraid, and can he inherit from siblings who are also illegitimate children?
Short answer
A child born out of wedlock may inherit from his mother under faraid, because his lineage is established to the mother through birth.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Inheritance, Wills & Gifts
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
A child born out of wedlock may inherit from his mother under faraid, because his lineage is established to the mother through birth. He cannot inherit from his biological father or the father's relatives under faraid. He and his siblings are maternal siblings and inherit from one another as such, receiving 1/6 if there is one and sharing 1/3 if there are more than one.
Written in our own words from the original fatwa — check the source before acting on it.
Oleh yang demikian, sekiranya ibu meninggalkan harta setelah meninggal dunia, maka anak tidak sah taraf boleh mewarisi hartanya secara faraid.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #2002: ADAKAH ANAK LUAR NIKAH TIDAK DAPAT FARAID?”, 18 September 2024. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/5987-al-kafi-2002-adakah-anak-luar-nikah-tidak-dapat-faraid. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/can-child-born-out-of-wedlock-inherit-faraid/