FatwaFederal TerritoriesMarriage & Family
AL-KAFI #1524 : NASAB ANAK YANG BERKEMUNGKINAN HASIL DARIPADA ZINA
Can a child conceived through premarital intercourse be attributed to the husband, and can he act as guardian if the child is a girl?
Short answer
The child's status depends on the time of birth counted from the date of the 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
- Federal Territories Mufti Office
- Date
- Status
- Opinion (irsyad)
- Series
- Al-Kafi li al-Fatawi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The child's status depends on the time of birth counted from the date of the marriage contract. A child born less than six months after the marriage is regarded as illegitimate and is not attributed to the husband. A child born after that period is regarded as legitimate and attributed to the husband in that marriage. The husband's right to act as marriage guardian of a daughter follows the same rule: he cannot if she is born before six months, and he can if she is born after.
Written in our own words from the original fatwa — check the source before acting on it.
Jika lahirnya kurang daripada enam bulan dari tarikh pernikahan maka dikira anak tidak sah taraf. Jika lebih, maka dikira anak sah taraf dan dinasabkan kepada suami dalam perkahwinan tersebut.
Read the full fatwa on the Federal Territories website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Federal Territories Mufti Office. “AL-KAFI #1524 : NASAB ANAK YANG BERKEMUNGKINAN HASIL DARIPADA ZINA”, 14 January 2020. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/3980-al-kafi-1524-nasab-anak-yang-berkemungkinan-hasil-daripada-zina. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/lineage-of-child-conceived-before-marriage/