FatwaNegeri SembilanMarriage & Family
Anak luar nikah
Can a child born less than six months after the marriage contract be attributed to the mother's husband?
Short answer
An illegitimate child is one born of zina, not of a valid marriage or a case of mistaken intercourse (syubhah), and the majority of jurists hold that such a child cannot be attributed to the biological father, even if he later marries the mother.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
An illegitimate child is one born of zina, not of a valid marriage or a case of mistaken intercourse (syubhah), and the majority of jurists hold that such a child cannot be attributed to the biological father, even if he later marries the mother. Under the Negeri Sembilan fatwa, a baby born less than six months after the marriage contract may not be attributed to the mother's husband. The same applies to a baby born after six months but within four years if any one of these holds: it is known with certainty or strong probability that conception occurred before the contract, the husband had no intercourse after the contract, or his semen did not enter the womb. The husband is obliged to deny the child as his, and the registration authorities are prohibited from giving the baby the husband's name as father (bin or binti) in the birth registration.
Written in our own words from the original fatwa — check the source before acting on it.
Jika seorang bayi itu dilahirkan kurang 6 bulan daripada tarikh akad nikah maka anak tersebut haram dinasabkan kepadaa suami ibunya atau lelaki yang menyebabkan kelahiran anak tersebut.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Anak luar nikah”, date not stated. https://muftins.gov.my/soaljawab/anak-luar-nikah/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/child-born-within-six-months-of-marriage-lineage/