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FatwaFederal TerritoriesMarriage & Family

AL-KAFI #871: MAHRAM BAGI ANAK TAK SAH TARAF

Who are the mahram of a child born out of wedlock, and what is the child's relationship with the biological father?

Short answer

The mahram of a child born out of wedlock are the mother and her relatives, such as the maternal grandmother and the mother's siblings.

Federal TerritoriesOpinion (irsyad)

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 mahram of a child born out of wedlock are the mother and her relatives, such as the maternal grandmother and the mother's siblings. The child's siblings are counted as maternal siblings and are also mahram. With the biological father there is no lineage relationship, according to the Shafi'i school and the National Fatwa Committee decision, so there is no inheritance, no mahram status, and he 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.

Excerpt from the original fatwa · Federal Territories

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How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “AL-KAFI #871: MAHRAM BAGI ANAK TAK SAH TARAF”, 29 October 2018. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/2716-al-kafi-871-mahram-bagi-anak-tak-sah-taraf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/mahram-of-child-born-out-of-wedlock/

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