FatwaKedahMarriage & Family
STATUS NASAB ANAK (MUHAMMAD SHAH RAIKAL BIN ABDULLAH)
Can a child born less than six months after the parents' marriage contract be lineally attributed to the biological father?
Short answer
The Kedah State Mufti Department ruled that the child in this case cannot be attributed to his biological father and is classified as an illegitimate child (anak tak sahtaraf).
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Kedah State Mufti Department
- Status
- Opinion (irsyad)
- Series
- Irsyad Al-Hukmi
- Topic
- Marriage & Family
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
The Kedah State Mufti Department ruled that the child in this case cannot be attributed to his biological father and is classified as an illegitimate child (anak tak sahtaraf). The baby was born only about 4 months and 4 days by the Hijri calendar after the valid marriage contract, and the couple admitted to having had intercourse before it. The ruling relies on the state fatwa that treats a child born less than six months and two moments (lahzah) in the lunar calendar from the time of possible intercourse as illegitimate.
Written in our own words from the original fatwa — check the source before acting on it.
Jabatan ini memutuskan bahawa Muhammad Shah Raikal tidak boleh dinasabkan kepada bapa biologinya iaitu Muhammad Rashidi bin Abdul Rahman kerana bayi tersebut adalah anak tak sahtaraf.
Read the full fatwa on the Kedah website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Kedah State Mufti Department. “STATUS NASAB ANAK (MUHAMMAD SHAH RAIKAL BIN ABDULLAH)”, date not stated. https://ifatwa.kedah.gov.my/wp-content/uploads/2023/11/2.pdf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/lineage-status-child-born-before-six-months/