FatwaFederal TerritoriesMarriage & Family
AL-KAFI #1780: HUKUM BERKAHWIN DENGAN ANAK TIDAK SAH TARAF
What is the ruling on marrying a child born out of wedlock, who acts as the guardian, and should the family be told about the status?
Short answer
Marriage to a child born out of wedlock is valid under Islamic law and legislation as long as the pillars and conditions of marriage are met.
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
Marriage to a child born out of wedlock is valid under Islamic law and legislation as long as the pillars and conditions of marriage are met. The guardian of such a woman is the sultan's guardian (wali raja) or wali hakim, since she has no guardian by lineage. The fatwa encourages early discussion and disclosure to the prospective husband's family about the bride's status to avoid later problems, and advises seeking counsel from the Islamic Family Unit of the state religious department.
Written in our own words from the original fatwa — check the source before acting on it.
Namun bagi anak tidak sah taraf, walinya adalah wali sultan atau wali hakim.
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 #1780: HUKUM BERKAHWIN DENGAN ANAK TIDAK SAH TARAF”, 18 April 2021. https://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/4733-al-kafi-1780-hukum-berkahwin-dengan-anak-tidak-sah-taraf. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/ruling-on-marrying-child-born-out-of-wedlock/