Islamic law- establishing parentage- a child’sfirst right.Once it is establish, other rights will follow:a. Right to maintenance;b. Right to suckling;c. Right to custody;d. succession

Parentage –natural mother and father - lawful marriage between them - child must be conceived within

wedlock - adoption not recognize

“….call them by their [real] fathers names: this is more equitable in the sight of God; and if you know not who their fathers were, [call them] your brethren in faith and your friends.” (Al-Ahzab:4-5)

“Now [among the best of the deeds which] We have enjoined upon man is goodness towards his parents. In pain did his mother bear him, and in pain did she give him birth; and her bearing him and his utter dependence on her took 30 moths.” (Ahqaf:15)

“And [God] says: ‘We have enjoined upon man goodness towards his parents: his mother bore him by bearing him strain, and his utter dependence on her lasted two years” …”

Jurist unanimous- valid marriage contract is the ground for establishing parentage of the father of a child.

Sunni- term of pregnancy –from the time of the contract (ie akad);

Hanafi- contract of marriage itself is sufficient ground to establish parentage;

Hanbali, Maliki, Shafie- require possibility of consummation

Consummation is possible and childconceived within limits of specified terms, thus: Denial at time of birth or during

preparations for it if father is present or at time of learning of it;

By imprecation (li’an)

If marriage contract is irregular, pregnancy is counted from the time of consummation of marriage:

a. If child born between 6-9 months –child attributed to woman’s husband, before or after separation;

b. If child born within 6 months of cohabitation-no paternity establish regardless of contract.

In the absence of any marriage contract –a semblance of rights – ie parties are within prohibited degree but did not know about it at all-child is attributed to the man of such relationship on the strength of his acknowledgement and so long as he did not declare the child to be an issue of adultery.

A child born after separation or divorce, annulment or death shall be attributed to the husband if the interval between separation, divorce, etc and birth is one lunar year.

(i) During the continuation of a valid marriage

Dispute over the identity of a newborn shall be settled by:

a. Hanafi- evidence of midwife or the doctorb. Maliki- evidence of 2 women;c. Shafie- evidence of 4 women;d. Shia-evidence of 4 women and 2 men or

one man and 2 women

If dispute arises between spouses after separation or divorce, it shall be settled:

a. Shia- evidence from 4 women or 2 men or one man and 2 women;

b. Sunnis- evidence from 2 men or one man and 2 women or midwife if pregnancy has been acknowledged by husband.

a. Father Express or implied provided:(i) Child not known to be child of another;(ii) Ages between parties are suitable to be of

father and child;(iii) Child is legitimate;(iv) If child is of the age of discretion –

confirms or acquiesces acknowledgement.

b. Mother Mother declare the child to be hers and

declaration is valid requirements if (a)(i) –(iv) is fulfilled.

c. ChildChild may acknowledge subject to

requirement (a) (i)-(iv) above.

a. Finders keeper –unless he is unfit or a non-Muslim;

b. Dispute over two Muslims over a child- judge has to decide;

c. Dispute between Muslim and non-Muslims –Muslim shall be guardian(i) Sunni- child found in Muslim community –belong to Muslim(ii) child found in non-Muslim community, belongs to that community.