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THE PROBLEMS OF THE ILLEGITIMATE CHILD

THE PROBLEMS OF THE ILLEGITIMATE CHILD

FOUNDLING (LAQIT) IN THE SUNNI SCHOOLS OF LAW

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 -finish-. evidence (at bavvmah), and doubtful intercourse (war shubhah). It also elucidates the views of the Sunni schools of law on how to establish illegitimacy. For the Sunni jurists, there arc several situations that determine the illegitimacy of the child. A child is considered illegitimate if its birth is the outcome of adultery (thui) or the result of legitimate union but accompanied with imprecation (With). 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 arc also discussed by referring to some provisions from Federal Territory Act 1984 (Act 303) and Brunei law.

AUTHOR: MOHAMMED SUJIMON
PUBLISHER: IIUM PRESS

Category: Sharia,fiqh and Jurisprudence

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ABOUT THE AUTHOR

Moharnad Sujimon was born in Johor Darul Takzim. Malaysia in 1954. He obtained his B.A. from the Al-Azhar University, Egypt in 1979. M.A. T. (Master of Arts in Teaching) from Mississippi State University, USA in 1982. and Ph.D. from the University of Edinburgh. Scotland. UK in 1997. His Ph.D. thesis is entitled: “The Problems of Doubtful Parenthood (Nasab) Relating to Children in Islamic Law.” At present, he is Professor and the Director, Ccntrc for Islam and Social Sciences (CISS) – ILMF. Brisbane, Australia. Formerly, he was the Dean of the Faculty of Shari’ah and Law, Sultan Sharif Ali Islamic University (UNISSA). Brunei Darussalam. Prior to that, he was the Acting Dean of the Institute of Sultan Omar Ali Saifuddien, University Brunei Darussalam (UBD) and the Dean of the Kulliyyah of Islamic Revealed Knowledge and Human Sciences. International Islamic University Malaysia (2002-2005), lie has written a number of scholarly works on legal and other issues published in a number of referred academic journals.