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The problems of the illegitimate child (Walad Zina) and foundling (Laqit) in the sunni schools of law

Sujimon, Mohamad (2010) The problems of the illegitimate child (Walad Zina) and foundling (Laqit) in the sunni schools of law. IIUM Press, Kuala Lumpur. ISBN 9789675272509

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Abstract

This book addresses the views of the Sunni scholars regarding the importance of genealogical relationship (nasab) in Islamic family law and examines the role of legitimacy on the basis of the legal maxim “al-walad li al-firash”, evidence (al-bayyinah), and doubtful intercourse (wat’ shubhah). It also elucidates the views of the Sunni schools of law on how to establish illegitimacy. For the Sunni jurists, there are several situations that determine the illegitimacy of the child. A child is considered illegitimate if its birth is the outcome of adultery (zina) or the result of legitimate union but accompanied with imprecation (li‘an). Other circumstances include the birth of the child taking place in less than six lunar months, the father of the child being categorized as one who is incapable of begetting, or the birth as a result of marital relationship considered unlawful because of consanguinity. The book also deals comprehensively with the moral, religious, legal and other aspects of the illegitimate child and the foundling in the works of the Sunni jurists. The status and rights of the illegitimate child and the foundling in the Islamic family law of Malaysia and Brunei are also discussed by referring to some provisions from Federal Territory Act 1984 (Act 303) and Brunei law.

Item Type: Book
Additional Information: 1837/972 (fpBP158.5J455M697P 2010)
Uncontrolled Keywords: Children (Islamic law), Illegitimate children - Legal status, laws, etc.(Islamic law), Illegitimate children - Legal status, laws, etc.(Islamic law)- Malaysia, Illegitimate children - Legal status, laws, etc.(Islamic law)- Brunei
Subjects: B Philosophy. Psychology. Religion > BP Islam. Bahaism. Theosophy, etc > BP1 Islam
Kulliyyahs/Centres/Divisions/Institutes: Kulliyyah of Islamic Revealed Knowledge and Human Sciences
Depositing User: Ms Zati Atiqah Mohamad Tanuri
Date Deposited: 15 Jul 2011 09:30
Last Modified: 09 Sep 2015 08:44
URI: http://irep.iium.edu.my/id/eprint/972

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