FatwaNegeri SembilanMarriage & Family
Nasab dan nafkah anak tidak sah taraf
Can a child born of zina be given the surname bin or binti of the man who committed zina with the mother or of her husband, and who bears the child's maintenance?
Short answer
It is forbidden to attach a child born of zina to the mother's husband as bin or binti, whether the husband is the partner in zina or another man.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
It is forbidden to attach a child born of zina to the mother's husband as bin or binti, whether the husband is the partner in zina or another man. An illegitimate child is traced in lineage to the mother only, so the child is regarded as having no legal father even if the man is the biological father. The child's maintenance and living expenses are the mother's responsibility.
Written in our own words from the original fatwa — check the source before acting on it.
Segala nafkah dan saraan hidup anak tak sah taraf adalah menjadi tanggungjawab ke atas ibunya.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Nasab dan nafkah anak tidak sah taraf”, date not stated. https://muftins.gov.my/soaljawab/nasab-dan-nafkah-anak-tidak-sah-taraf/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/lineage-and-maintenance-of-illegitimate-child/