Fatwa's Insights - Kinship

THE 40TH MEETING OF THE PERLIS STATE FATWA COMMITTEE / 2019

28 - 29 MAC 2019 / 21 - 22 REJAB 1440H

FATWA ON THE GUARDIANSHIP OF A CHILD ALLEGED TO BE ILLEGITIMATE OR A RESULT OF RAPE

No party may deny the lineage of a child from a father who is the lawful husband of the woman who gave birth to the child during the period of their marriage, and his validity as the marriage guardian, except the husband himself who denies that lineage. Therefore, it is prohibited to deny the lineage of any child unless there is valid proof according to Shariah.

It is the responsibility of every Muslim individual to conceal the faults of others. Likewise, the religious management authority shall conceal the faults of those under their charge.

For a child who does not have a lineage guardian or is denied by the lineage guardian, the marriage contract may be conducted using a judicial guardian through various methods or expressions that can conceal past faults. This is such as stating, "I marry you to (name of the bride) with a dowry amounting to (amount of dowry)", without the need to mention in such contract any expression that may cause embarrassment to any party.

Resolved at the Meeting of the Majlis Agama Islam dan Adat Istiadat Melayu Perlis No. 3 of 2019 convened on 22 April 2019.