Paternity Of Children Born Before Six Months Of Marriage: Islamic Jurisprudential Perspective

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Amina Umar Ruwandoruwa, Ph.D, Department of Islamic Law, Faculty of Law, Usmanu Danfodiyo University Sokot, Nigerian

ABSTRACT

This study examines the Islamic jurisprudential framework for establishing paternity (nasab) in cases of children born less than six lunar months after marriage which triggers a presumption of illegitimacy across the four (4) Sunni schools of law (Mālikī, Shāfiʿī, Ḥanafī and Ḥanbalī). Drawing on Qurʾān exegesis, prophetic tradition and classical fiqh sources, it elucidates the doctrinal consensus on the minimum gestation period, inter-madhhab variations in evidentiary requirements and exceptions as well as the historical development of these rulings. A comparative analysis highlights methodological pluralism, while contemporary dimension’s address tensions arising from biomedical advancements particularly premature viability and Deoxyribonucleic Acid (DNA) testing and statutory reforms in Muslim majority jurisdictions. The discussion reflects on the balance between lineage preservation (ḥifẓ al-nasl) and equitable outcomes, noting gender implications and socio-psychological effects. Content analysis research techniques has been used in this study. The objective of this study is to analyze paternity cases of early births child in the Islamic context, to find the role of DNA test in the Islamic jurisprudence and to assess effects of DNA testing on marriages, paternity and children in the Islamic world. Therefore, the study concludes that Islamic paternity law exemplifies adaptive ijtihād (independent juridical reasoning), recommending cautious integration of scientific evidence and child-centered reforms aligned with maqāṣid al- Sharīʿah in modern contexts. The major recommendation of this study, Muslim societies are encouraged to use contextual ijtihād in paternity disputes by allowing scientific evidence such as DNA testing as one of corroborative indicators.

Keywords: Islamic jurisprudence, paternity, Marriage, Children, illegitimacy, DNA testing.

547. PATERNITY OF CHILDREN BORN BEFORE SIX MONTHS OF MARRIAGE- ISLAMIC JURISPRUDENTIAL PER

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