Establishing the Obligation of Financial Support by a Biological Father Towards an Illegitimate Child: A Fatwa-Based Analysis within the Framework of Maqasid al-Shariah

This study examines the legal and ethical basis for establishing a biological father’s obligation to provide financial support for a child born out of wedlock, analysed through the dual frameworks of fatwa and Maqasid al-Shariah. Classical Islamic law generally holds that a child conceived through zina (illicit sexual intercourse) has no legitimate paternal affiliation (nasab) to the biological father, thereby negating any legal duty of maintenance. However, a more inclusive and welfare-oriented approach is increasingly relevant given contemporary social realities and the vulnerability of children born in such circumstances. The primary aim of this study is to reassess the prevailing legal position regarding a father’s financial responsibility towards an illegitimate child by incorporating insights from contemporary fatwa rulings and aligning them with the objectives of Maqasid al-Shariah, particularly the principle of maslahah (public interest). This study adopts a qualitative methodology, employing document analysis of classical and contemporary juristic opinions, statutory provisions, and relevant case studies. The findings indicate that the provision of financial support by a biological father should be reconsidered as a measure to safeguard the child’s welfare and uphold social justice, consistent with the higher aims of Islamic law. Integrating fatwa-based reasoning with Maqasid al-Shariah offers a balanced framework for reconciling doctrinal positions with evolving societal needs, without compromising the core principles of Islamic jurisprudence.

Authors

Publication Details

Journal
International Journal of Research and Innovation in Social Science
Published
2025-01-01
DOI
https://doi.org/10.47772/ijriss.2025.907000003
Primary Topic
Islamic Finance and Banking Studies
Type
article
Field-Weighted Citation Impact
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article

Establishing the Obligation of Financial Support by a Biological Father Towards an Illegitimate Child: A Fatwa-Based Analysis within the Framework of Maqasid al-Shariah

Mohd Harifadilah Rosidi, Siti Aisyah Ismail, Nur Zakirah Asmawi, Anies Alya Azman et al.
International Journal of Research and Innovation in Social Science
Islamic Finance and Banking Studies
article

Establishing the Obligation of Financial Support by a Biological Father Towards an Illegitimate Child: A Fatwa-Based Analysis within the Framework of Maqasid al-Shariah

Mohd Harifadilah Rosidi, Siti Aisyah Ismail, Nur Zakirah Asmawi, Anies Alya Azman, Ulfa Nabila Salahuddin
article en

Abstract

This study examines the legal and ethical basis for establishing a biological father’s obligation to provide financial support for a child born out of wedlock, analysed through the dual frameworks of fatwa and Maqasid al-Shariah. Classical Islamic law generally holds that a child conceived through zina (illicit sexual intercourse) has no legitimate paternal affiliation (nasab) to the biological father, thereby negating any legal duty of maintenance. However, a more inclusive and welfare-oriented approach is increasingly relevant given contemporary social realities and the vulnerability of children born in such circumstances. The primary aim of this study is to reassess the prevailing legal position regarding a father’s financial responsibility towards an illegitimate child by incorporating insights from contemporary fatwa rulings and aligning them with the objectives of Maqasid al-Shariah, particularly the principle of maslahah (public interest). This study adopts a qualitative methodology, employing document analysis of classical and contemporary juristic opinions, statutory provisions, and relevant case studies. The findings indicate that the provision of financial support by a biological father should be reconsidered as a measure to safeguard the child’s welfare and uphold social justice, consistent with the higher aims of Islamic law. Integrating fatwa-based reasoning with Maqasid al-Shariah offers a balanced framework for reconciling doctrinal positions with evolving societal needs, without compromising the core principles of Islamic jurisprudence.

International Journal of Research and Innovation in Social ScienceVol. IX(VII)
Openalex Percentile: Top 73%
Islamic Finance and Banking Studies
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