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FatwaKedahMarriage & Family

ANAK TAK SAHTARAF

What is the definition of an illegitimate child in Kedah, and what are the rules on naming and legal effects?

Short answer

The Kedah fatwa defines an illegitimate child as one born outside a valid marriage, born less than six months after the possibility of intercourse, or born later but with an admission that the child is born out of wedlock.

KedahGazetted

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

Authority
Kedah State Mufti Department
Date
Status
Gazetted
Series
Fatwa Yang Diwartakan
Topic
Marriage & Family

Gazette evidence in the source: Tarikh Diwartakan: 01-Apr-21

Summary

The Kedah fatwa defines an illegitimate child as one born outside a valid marriage, born less than six months after the possibility of intercourse, or born later but with an admission that the child is born out of wedlock. The child is named bin or binti Abdullah or another of Allah's names prefixed with Abdul, and not after the biological father. Lineage is recognised only through the mother. If the biological father marries the mother and intercourse occurs, the relationship is like that of stepfather and stepchild, with no guardianship or inheritance rights. Breaching the naming rules is an offence, and the 2011 fatwa is repealed.

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

Anak tak sah taraf tidak boleh di "bin" atau di "binti" kepada bapa biologi yang menyebabkan kehamilan anak tak sahtaraf itu atau yang mengaku menjadi bapa kepada anak tersebut

Excerpt from the original fatwa · Kedah

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

How to cite

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

Kedah State Mufti Department. “ANAK TAK SAHTARAF”, 1 April 2021. https://ifatwa.kedah.gov.my/wp-content/uploads/2022/09/1.-ANAK-TAK-SAHTARAF.pdf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/illegitimate-child-definition-naming-effects-kedah/

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