FatwaPenangMarriage & Family
Fatwa Mengenai Anak Tak Sah Taraf
Who is an illegitimate child under the Penang fatwa, and what is the child's status regarding lineage, surname and guardianship?
Short answer
The fatwa defines an illegitimate child as one born outside marriage through adultery or rape, not from a doubtful (syubhah) union or slavery, and one born less than six months and two moments by the lunar calendar from the date of intercourse.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Penang State Mufti Department
- Date
- Status
- Gazetted
- Series
- Himpunan Fatwa (Warta)
- Topic
- Marriage & Family
Gazette evidence in the source: Pg. P.U.19
Summary
The fatwa defines an illegitimate child as one born outside marriage through adultery or rape, not from a doubtful (syubhah) union or slavery, and one born less than six months and two moments by the lunar calendar from the date of intercourse. Such a child is named as son or daughter of Abdullah, whether or not the couple later marry. The child is not linked in lineage to the man who caused the birth or who claims to be the father, so there is no mutual inheritance and no mahram relationship between them. That man also cannot act as the child's marriage guardian.
Written in our own words from the original fatwa — check the source before acting on it.
Anak tak sah taraf tidak boleh dinasabkan kepada lelaki yang menyebabkan kelahirannya atau kepada sesiapa yang mengaku menjadi bapa kepada anak tersebut.
Read the full fatwa on the Penang website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Penang State Mufti Department. “Fatwa Mengenai Anak Tak Sah Taraf”, 27 October 2005. https://mufti.penang.gov.my/index.php/awam/fatwa-1/himpunan-fatwa#fatwa-mengenai-anak-tak-sah-taraf-27-oktober-2005. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/illegitimate-child-lineage-and-guardianship-penang/