🌍 Children, inheritance & global · #217

The man who is my child’s biological father now wants to claim custody. We were never married. Is he entitled?

No; under Islamic family law in Malaysia, custody of a child born out of wedlock lies only with the mother and her relatives. This is in line with the child's lineage, which is traced to the mother. So the man cannot claim hadhanah on the basis that he is the biological father. Even so, the child need not be raised in hatred of their origins. If the man sincerely wants to help with expenses, you may accept it as a contribution, ideally recorded in writing. Any meeting should keep within the limits of syarak and the child's comfort. If he starts to pressure or harass you, record each incident and get advice. For your particular situation, ask the state religious office or the Syariah court. See custody and lineage.

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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