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Soal Jawab › Anak, pusaka & global

🌍 Anak, pusaka & global · #35

How does Islam determine the father of a child born within a marriage?

The basic rule is the hadith of the Prophet ﷺ: "The child belongs to (the owner of) the bed" (al-walad lil-firasy), meaning a child born within a valid marriage is attributed by lineage (nasab) to the husband, provided the child is born at least six months after the contract and within the maximum period of pregnancy after separation. The husband may not deny the child at will; the only Syariah-sanctioned route is the li'an procedure before a judge. A DNA test may assist the court in certain circumstances, but according to most fatwas it does not cancel lineage within a valid marriage without li'an. Lineage matters for inheritance, maintenance, guardianship (wali) and mahram status. See lineage (nasab).

Sumber

Narrated by al-Bukhari and MuslimSurah an-Nur 24:6Surah al-Ahzab 33:5
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Soalan berkaitan

The father has died: who manages the property of the young children?In the Shafi'i school, the guardian of property (wilayah al-mal) for a child below puberty is the father, then the paternal grandfather,…A husband denies that a child is his: what is the procedure in Islam?The only Syariah-sanctioned way for a husband to deny a child born within the marriage is li'an: the husband swears four times…I am a convert: can I inherit from my non-Muslim parents?According to the majority of scholars, including the Shafi'i school, a convert does not inherit under faraid from non-Muslim parents, and nor…After divorce, who has the right to care for a young child, the mother or the father?In principle, the mother has the strongest right to custody (hadhanah) of a young child as long as she is fit and has not married another man wh…A child born less than six months after the marriage: can the child be named after the husband (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…Why does a son receive twice the share of a daughter in faraid?This ruling comes directly from the Qur'an: a son receives two shares to a daughter's one share …
Jawapan ini rujukan umum, bukan fatwa. Untuk keadaan anda, rujuk pejabat agama, peguam syarie atau Mahkamah Syariah negeri.

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