FatwaSarawakMarriage & Family
ANAK TAK SAH TARAF
What is the lineage status and what are the rights of an illegitimate child according to the Sarawak fatwa?
Short answer
Lineage is not established for a child born less than six months after the marriage, but it is established for a child born six months or more after it, even if the seed came from the husband who committed zina with the woman.
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
Lineage is not established for a child born less than six months after the marriage, but it is established for a child born six months or more after it, even if the seed came from the husband who committed zina with the woman. An illegitimate child is an ordinary human being who should be treated kindly and given the same rights as other children, including protection and maintenance. In terms of Islamic law, the matter follows the Shafi'i school, which is the practice of the country, and the fatwa states there should be no compromise on this.
Written in our own words from the original fatwa — check the source before acting on it.
Nasab tidak boleh disabitkan bagi kanak-kanak yang dilahirkan kurang 6 bulan dari perkahwinan dan sabit nasab bagi sesiapa yang diperanakkan 6 bulan atau lebih sekalipun benih itu dari suami yang melakukan zina dengan perempuan 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. “ANAK TAK SAH TARAF”, date not stated. https://muftinegeri.sarawak.gov.my/web/subpage/fatwa_list/#anak-tak-sah-taraf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/lineage-status-rights-illegitimate-child-sarawak/