Denial of Lineage/Paternity in Islamic Family Law

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Denial of Lineage/Paternity in Islamic Family Law

Journal Title: Marife Dini Araştırmalar Dergisi - Year 2014, Vol 14, Issue 1

Abstract

Islam has given great importance to the determination of lineage. Thus, the right to refuse the lineage of a child who was born under marriage contract has been legitimated to the husband in Islamic (Family) Law in conditions that (if) the child was from somebody else is known as a certainty. Principally, the way to deny the lineage of a child who was born under marriage contract in Islamic law is for both the wife and husband to swear before the court opened for(lian) (after) the blaming by the husband of his wife for adultery (kazif). However, in conditions of being sure (realizing) that the woman was pregnant before marriage contract or her giving birth after marriage contract before six months were completed; realizing that the husband could not have (was not able to have) a child because of his biological and/or physiological defects (disabilities) and/or the sexual intercourse between the husband and wife was not possible, the right to refuse the lineage of this child who was born in marriage contract has been legitimated to the husband without lian. This paper focuses on/ discusses the "Denial of Lineage/Paternity in Islamic Family Law".

Authors and Affiliations

İbrahim Yılmaz

Keywords

EP ID EP601882
DOI 10.33420/marife.436273
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