A polemical discourse over the legitimation of illegitimate children under Islamic Law

Muslim jurists unanimously agree that any woman that gives birth to a child, be it a married or slave-woman, the child is to be attributed to her husband or her proprietor, and legitimacy of that child is to be established except the child is disclaimed by the husband through imprecation (li’an). Ho...

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Main Authors:	Sarumi, Isa Abdur-Razak, Mohd, Azizah, Ibrahim, Norliah
Format:	Article
Language:	English
Published:	IIUM Press 2019
Subjects:	KBP1 Islamic law.Shariah.Fiqh
Online Access:	http://irep.iium.edu.my/72991/ http://irep.iium.edu.my/72991/ http://irep.iium.edu.my/72991/ http://irep.iium.edu.my/72991/1/413-Article%20Text-polemical%20discourse.pdf

id	iium-72991
recordtype	eprints
spelling	iium-729912019-07-03T08:05:18Z http://irep.iium.edu.my/72991/ A polemical discourse over the legitimation of illegitimate children under Islamic Law Sarumi, Isa Abdur-Razak Mohd, Azizah Ibrahim, Norliah KBP1 Islamic law.Shariah.Fiqh Muslim jurists unanimously agree that any woman that gives birth to a child, be it a married or slave-woman, the child is to be attributed to her husband or her proprietor, and legitimacy of that child is to be established except the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed (i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of contemporary Muslim scholars. IIUM Press 2019-06-30 Article PeerReviewed application/pdf en http://irep.iium.edu.my/72991/1/413-Article%20Text-polemical%20discourse.pdf Sarumi, Isa Abdur-Razak and Mohd, Azizah and Ibrahim, Norliah (2019) A polemical discourse over the legitimation of illegitimate children under Islamic Law. IIUM Law Journal, 27 (1). pp. 151-179. ISSN 0128-2530 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/413/245 10.31436/iiumlj.v27i1.413
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP1 Islamic law.Shariah.Fiqh
spellingShingle	KBP1 Islamic law.Shariah.Fiqh Sarumi, Isa Abdur-Razak Mohd, Azizah Ibrahim, Norliah A polemical discourse over the legitimation of illegitimate children under Islamic Law
description	Muslim jurists unanimously agree that any woman that gives birth to a child, be it a married or slave-woman, the child is to be attributed to her husband or her proprietor, and legitimacy of that child is to be established except the child is disclaimed by the husband through imprecation (li’an). However, dissension over the legitimation of children born out of wedlock has long been recorded in the classical books of Islamic Jurisprudence, although the majority of jurists’ opinion secured an overwhelming preponderance over others. The argument over the legitimation has recently been advanced in order to find a feasible solution to the alarming condition of children born out of wedlock. Interestingly, both opponents and proponents of the legitimation of illegitimate children among Muslim scholars buttress their arguments with the famously narrated hadith “al-walad lil firash” (“The child is traced to the owner of the bed (i.e. the legitimate husband).” on the subject matter. Therefore, this article seeks to explore juristic interpretations of the hadith and the rationale behind the scholars’ dissention. This article is a result of a research that has been done through the adoption of a qualitative approach of research, which includes doctrinal and non-doctrinal legal research methodologies. It has been found that attributing a child to his putative father after the acknowledgement does not contravene the fundamental principle of Shariah; it is rather an opinion held by the majority of contemporary Muslim scholars.
format	Article
author	Sarumi, Isa Abdur-Razak Mohd, Azizah Ibrahim, Norliah
author_facet	Sarumi, Isa Abdur-Razak Mohd, Azizah Ibrahim, Norliah
author_sort	Sarumi, Isa Abdur-Razak
title	A polemical discourse over the legitimation of illegitimate children under Islamic Law
title_short	A polemical discourse over the legitimation of illegitimate children under Islamic Law
title_full	A polemical discourse over the legitimation of illegitimate children under Islamic Law
title_fullStr	A polemical discourse over the legitimation of illegitimate children under Islamic Law
title_full_unstemmed	A polemical discourse over the legitimation of illegitimate children under Islamic Law
title_sort	polemical discourse over the legitimation of illegitimate children under islamic law
publisher	IIUM Press
publishDate	2019
url	http://irep.iium.edu.my/72991/ http://irep.iium.edu.my/72991/ http://irep.iium.edu.my/72991/ http://irep.iium.edu.my/72991/1/413-Article%20Text-polemical%20discourse.pdf
first_indexed	2023-09-18T21:43:30Z
last_indexed	2023-09-18T21:43:30Z
_version_	1777413296017637376

A polemical discourse over the legitimation of illegitimate children under Islamic Law

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