The law of nasab in Islam

• Main Authors: Wan Abdullah, Wan Abd Rahman Khudzri, Abu Bakar, Md Zawawi, Wan Ahmad, Wan Ibrahim, Ab. Rahman, Asyraf
• Format: Article
• Language: English
• Published: American-Eurasian Network for Scientific Information (AENSI Publisher) 2013
• Subjects: BP Islam. Bahaism. Theosophy, etc; K Law (General)
• Online Access: http://repo.uum.edu.my/17377/1/ANAS%20393-396.pdf; http://repo.uum.edu.my/17377/; http://www.aensiweb.com/old/anas_special_2013.html

Nasab (lineage) is emphasized heavily in the Islamic Law since it determines the purity of genealogy.Preserving the sanctity of family lineage is one of the objectives of the Islamic Law. Children that are brought into this world and the formation of family must follow the rules ascribed by the Syariah.This paper intends to explore the discussions of Islamic fiqh (jurisprudence) and the recent views on the law of lineage that are adhered to by the Muslims community in Malaysia.In order to achieve the objectives, two principal informants were interviewed. Data was gathered using unstructured interviews and was analyzed quantitatively.The results showed that even though there are specific fatwas and several views from eminent scholars regarding the law of nasab, Muslim Malays strongly adhere to National Fatwa Council which stated that every child that is born after six months from the date of a marriage can be line aged (nasab) to his or her mother’s husband.Other fatwas and views which allow the nasab on the biological father of a child that is born after six month after it was conceived are rejected by the majority of Malays Muslim Scholars.Next, this paper will then focus on the status of illegitimate child according to the provisions under the law of nasab.The writings of this paper also will be based on the reference of several writings of the Islamic fiqh which eventually concluded the selected views adhered by the Muslim community in Malaysia.