📜 Akad nikah · #52
Who is the marriage guardian for a woman born outside a lawful marriage?
A judge-appointed guardian (wali hakim). A child born outside lawful marriage is not attributed to the man who fathered her, so he and his family are not her guardians by kinship.
The Prophet ﷺ ruled that the child belongs to the owner of the bed (the lawful husband), and the fornicator has no right (Sahih al-Bukhari 6749). So a woman born outside marriage, or less than six lunar months after her mother's contract (according to Malaysian practice), is given in marriage by a guardian appointed by the religious authority. This takes nothing from her dignity; sin is not inherited (al-Anʿam 6:164). The religious office will check the birth certificate and related documents. The biological father may attend and give his blessing, but does not pronounce the offer as guardian. See the question on children born outside marriage and Marriage guardian.
The Prophet ﷺ ruled that the child belongs to the owner of the bed (the lawful husband), and the fornicator has no right (Sahih al-Bukhari 6749). So a woman born outside marriage, or less than six lunar months after her mother's contract (according to Malaysian practice), is given in marriage by a guardian appointed by the religious authority. This takes nothing from her dignity; sin is not inherited (al-Anʿam 6:164). The religious office will check the birth certificate and related documents. The biological father may attend and give his blessing, but does not pronounce the offer as guardian. See the question on children born outside marriage and Marriage guardian.