FatwaSarawakMarriage & Family
SIGHAH PEWARTAAN ANAK TAK SAH TARAF
How should an illegitimate child be named in terms of lineage, and what is the child's legal status?
Short answer
The Sarawak State Fatwa Board ruled that a child born of zina or outside marriage is to be named bin or binti Abdullah, whether or not the parents later marry.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Sarawak State Mufti Department
- Status
- Fatwa committee decision
- Series
- Info Fatwa
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The Sarawak State Fatwa Board ruled that a child born of zina or outside marriage is to be named bin or binti Abdullah, whether or not the parents later marry. An illegitimate child includes one born outside marriage through zina or rape, and one born less than six months and two moments by the lunar calendar after the marriage contract. The child is not linked in lineage to the man who caused the birth or anyone who claims to be the father, so there is no mutual inheritance, no mahram relationship, and the man cannot act as guardian (wali).
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 Sarawak website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Sarawak State Mufti Department. “SIGHAH PEWARTAAN ANAK TAK SAH TARAF”, date not stated. https://muftinegeri.sarawak.gov.my/web/subpage/fatwa_list/#sighah-pewartaan-anak-tak-sah-taraf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/illegitimate-child-naming-and-lineage-ruling/