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FatwaPerakMarriage & Family

Adakah sah jika ayah mewalikan anak zina serta anak itu dibinkan kepadanya? Dan batalkah wuduk si ayah jika bersentuh dengannya?

Is it valid for a father to act as marriage guardian for a child born of zina who is attributed to him by lineage, and does his ablution break if he touches her?

Short answer

According to this fatwa, the biological father cannot validly act as marriage guardian for a daughter born of zina, even if she is given his name as her father.

PerakOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Perak State Mufti Department
Status
Opinion (irsyad)
Series
Soal Jawab
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

According to this fatwa, the biological father cannot validly act as marriage guardian for a daughter born of zina, even if she is given his name as her father. This is because the child did not come through a lawful process under Islamic law, and attributing her to him is forbidden. His ablution breaks if he touches her, as she is not regarded as a mahram, and he may marry her if he did not lawfully marry her mother.

Written in our own words from the original fatwa — check the source before acting on it.

Tidak sah ayah mewalikan anak perempuan yang diperolehinya dengan jalan zina walaupun dibintikan kepadanya kerana anak itu tidak melalui proses atau aturan yang sah mengikut hukum syarak

Excerpt from the original fatwa · Perak

Read the full fatwa on the Perak website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Perak State Mufti Department. “Adakah sah jika ayah mewalikan anak zina serta anak itu dibinkan kepadanya? Dan batalkah wuduk si ayah jika bersentuh dengannya?”, date not stated. https://mufti.perak.gov.my/component/content/article/soal-jawab?catid=2#returns-9. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/father-guardian-child-born-of-zina/