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FatwaPerakMarriage & Family

Fatwa Berkenaan Anak Tidak Sah Taraf

What is the ruling on illegitimate children regarding lineage, name registration and the rights between the biological father and the child?

Short answer

This Perak fatwa lists the categories of illegitimate children, including children of zina, children born less than six months and two moments after a valid marriage, li'an children, foundlings, children of rape, children of incest, and children born through scientific methods…

PerakFatwa committee decision

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Perak State Mufti Department
Status
Fatwa committee decision
Series
Fatwa Yang Tidak Diwartakan
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

This Perak fatwa lists the categories of illegitimate children, including children of zina, children born less than six months and two moments after a valid marriage, li'an children, foundlings, children of rape, children of incest, and children born through scientific methods contrary to Islamic law. Lineage is recognised only through the mother, and the child is not registered with the biological father's name but with Abdullah or another name from al-Asma' al-Husna prefixed with Abdul. Islamic law prohibits three things: attributing the child's lineage to the biological father, the biological father acting as marriage guardian for his illegitimate daughter, and inheritance between the biological father and the child. If the biological father marries the child's mother and has marital relations with her, his relationship with the child is like that of a stepfather and stepchild, and they are mahram.

Written in our own words from the original fatwa — check the source before acting on it.

Syarak hanya mengiktiraf nasab anak tak sah taraf di sebelah ibunya (ke atas dan ke bawah) sahaja.

Excerpt from the original fatwa · Perak

Read the full fatwa on the Perak website (new tab)

How to cite

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

Perak State Mufti Department. “Fatwa Berkenaan Anak Tidak Sah Taraf”, date not stated. https://mufti.perak.gov.my/images/Fatwa%20tidak%20warta/35.%20FATWA%20BERKENAAN%20ANAK%20TIDAK%20SAH%20TARAF.pdf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-illegitimate-child-lineage-registration/

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