أولاد الزّنا وحيثية الاعتراف بحقهم في النّسب والميراث: دراسة تحليليّة من المنظور الشّرعي وقانون الأسرة الماليزي

[Children of adultery and the consideration for recognition of their right to lineage and inheritance: An Analytical study from the Shariah perspective and Malaysian family law]

Abstract

Islamic law granted the biological father the right to recognize his illegitimate child, who was not born within marriage, and he has the right to include him in his lineage and inheritance. However, Malaysian Family Law prohibits the illegitimate child from being attached to his biological father, even if he acknowledged him. Here lies the problem of the research, as this prohibition resulted in the lack of recognition of their lineage and the forfeiture of their right to inherit from his father and his family as well. Aims and Objectives:  This study aimed to define the illegitimate child of adultery from the Sharia and law. This demonstrates the practice of Maqasid Shari’a in preserving the progeny and the benefit of Sharia by incorporating this category of society. Consequently, reducing the spread of adultery, by prosecuting the perpetrators through genetic fingerprint analysis. Methodology: This study has taken the inductive approach by following the opinions and evidence of the jurists regarding the inheritance and lineage of the illegitimate child, and the cause of the dispute between them It also relied on the analytical approach by discussing the opinions and evidence of jurists and analyzing these rulings from the legal and Malaysian family law perspectives. Results and Findings: The important results of this study concluded that the biological father has the right to inherit his illegitimate son in his lineage according to the conditions set by Islamic law, and he inherits from him and his father's family as well.  The society general interest requires us to compel the biological father to recognize his son if the mother testifies to the paternity of her son from him and the genetic fingerprint confirmed her claim. Thus, preserving his full right to lineage, alimony, and inheritance, and integrating as a legitimate child into the society.