🌍 Anak, pusaka & global · #7
A child born less than six months after the nikah — can the child carry the husband's name (bin/binti)?
According to the fatwa applied in Malaysia, a child born less than six lunar months (counted from the date of the contract or the moment intercourse became possible) is regarded as illegitimate and their lineage is not attributed to the husband. The six-month period is derived by combining the verses on the periods of pregnancy and breastfeeding (30 months less 2 years of breastfeeding). This child's lineage is traced to the mother, the child does not inherit from that man, and her marriage wali (if a girl) is the wali hakim. However, the child bears no one's sin and is entitled to be treated with full love and care. The issue of the name on the birth certificate has been litigated in court, so refer to the JPN and the state religious affairs office for the current position.
Difference between schools. The Hanafi school is broader in establishing lineage if the man married the mother before the birth; the Shafi'i school holds to the minimum of six months from the contract.
Sumber
Surah al-Ahqaf 46:15Surah Luqman 31:14Surah al-An'am 6:164