🌍 Children, inheritance & 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 liʿan 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 liʿan. Lineage matters for inheritance, maintenance, guardianship (wali) and mahram status. See lineage (nasab).

Sources

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

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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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