FatwaMelakaMarriage & Family
Anak Tak Sah Taraf
What is the ruling on attributing lineage of an illegitimate child to the biological father, and what are the effects on guardianship and inheritance?
Short answer
The Malacca fatwa defines an illegitimate child as one born outside marriage and not from doubtful intercourse (syubhah) or slavery, as well as a child born less than six months and two moments by the lunar calendar after a valid marriage contract.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Melaka State Mufti Department
- Date
- Status
- Gazetted
- Series
- Warta Fatwa Negeri Melaka
- Topic
- Marriage & Family
Gazette evidence in the source: M. P.U. 7
Summary
The Malacca fatwa defines an illegitimate child as one born outside marriage and not from doubtful intercourse (syubhah) or slavery, as well as a child born less than six months and two moments by the lunar calendar after a valid marriage contract. Such a child may be registered under the biological father without "bin" or "binti". The fatwa prohibits any individual from attributing the child's lineage to the man who caused the birth or who claims to be the father. It also prohibits that man from acting as the child's guardian, and prohibits the child and that man from inheriting from one another.
Written in our own words from the original fatwa — check the source before acting on it.
Anak tak sah taraf boleh didaftarkan kepada bapa biologi tanpa "bin" atau "binti";
Read the full fatwa on the Melaka website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Melaka State Mufti Department. “Anak Tak Sah Taraf”, 23 February 2023. https://www.muftimelaka.gov.my/fatwa/anak-tak-sah-taraf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/illegitimate-child-lineage-guardianship-inheritance-ruling/