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Islamic law- establishing parentage- a childs

first right.
Once it is establish, other rights will follow:
a. Right to maintenance;
b. Right to suckling;
c. Right to custody;
d. succession
Parentage natural mother and father
- lawful marriage between them
- child must be conceived within
wedlock
- adoption not recognize

.call them by their [real] fathers names: this is
more equitable in the sight of God; and if you know
not who their fathers were, [call them] your
brethren in faith and your friends. (Al-Ahzab:4-5)
Now [among the best of the deeds which] We have
enjoined upon man is goodness towards his
parents. In pain did his mother bear him, and in
pain did she give him birth; and her bearing him
and his utter dependence on her took 30 moths.
(Ahqaf:15)
And [God] says: We have enjoined upon man
goodness towards his parents: his mother bore him
by bearing him strain, and his utter dependence on
her lasted two years

Jurist unanimous- valid marriage contract is
the ground for establishing parentage of the
father of a child.
Sunni- term of pregnancy from the time of the
contract (ie akad);
Hanafi- contract of marriage itself is sufficient
ground to establish parentage;
Hanbali, Maliki, Shafie- require possibility of
consummation
Consummation is possible and child
conceived within limits of specified terms,
thus:
Denial at time of birth or during
preparations for it if father is present or at
time of learning of it;
By imprecation (lian)

If marriage contract is irregular, pregnancy is
counted from the time of consummation of
marriage:
a. If child born between 6-9 months child
attributed to womans husband, before or
after separation;
b. If child born within 6 months of
cohabitation-no paternity establish
regardless of contract.
In the absence of any marriage contract a
semblance of rights ie parties are within
prohibited degree but did not know about it
at all-
child is attributed to the man of such
relationship on the strength of his
acknowledgement and so long as he did not
declare the child to be an issue of adultery.

A child born after separation or divorce,
annulment or death shall be attributed to the
husband if the interval between separation,
divorce, etc and birth is one lunar year.
(i) During the continuation of a valid marriage
Dispute over the identity of a newborn shall be
settled by:
a. Hanafi- evidence of midwife or the doctor
b. Maliki- evidence of 2 women;
c. Shafie- evidence of 4 women;
d. Shia-evidence of 4 women and 2 men or
one man and 2 women
If dispute arises between spouses after
separation or divorce, it shall be settled:
a. Shia- evidence from 4 women or 2 men or
one man and 2 women;
b. Sunnis- evidence from 2 men or one man
and 2 women or midwife if pregnancy has
been acknowledged by husband.
a. Father
Express or implied provided:
(i) Child not known to be child of another;
(ii) Ages between parties are suitable to be of
father and child;
(iii) Child is legitimate;
(iv) If child is of the age of discretion confirms
or acquiesces acknowledgement.
b. Mother
Mother declare the child to be hers and
declaration is valid requirements if (a)(i) (iv)
is fulfilled.
c. Child
Child may acknowledge subject to requirement
(a) (i)-(iv) above.
a. Finders keeper unless he is unfit or a
non-Muslim;
b. Dispute over two Muslims over a child-
judge has to decide;
c. Dispute between Muslim and non-Muslims
Muslim shall be guardian
(i) Sunni- child found in Muslim
community belong to Muslim
(ii) child found in non-Muslim community,
belongs to that community.