The Problems of the Illegitimate Child (P/B)

The Accessible Conspectus: A Commentary on Abu Shuja’al-Asfahani (Matn al-Ghayat wa-l-Taqrib)

For centuries, Abu Shuja al-Asfahani’s legal primer Matn al-Ghayat wa-l-Taqrib (The Ultimate Conspectus) has been a standard text for introducing students of the Shafii school of Islamic law to the full range of basic legal issues. Students will often start their studies by reading it from a basic commentary with their instructor. Many students will read it again from more advanced commentaries as they progress in their mastery of the subject. This volume presents an amiable commentary that makes Abu Shuja’s primer accessible to new students. It uses contemporary language and examples to help readers build a sound foundation in Islamic law. The Accessible Conspectus is a perfect companion to The Ultimate Conspectus.

This book addresses the views of the Sunni scholars regarding the importance of genealogical relationship (nasab) in Islamic family law and examines the role of legitimacy on the basis of the legal maxim “al-walad li al-firash”, evidence (al-bayyinah), and doubtful intercourse (wat’ shubhah). It also elucidates the views of the Sunni schools of law on how to establish illegitimacy. For the Sunni jurists, there are several situations that determine the illegitimacy of the child.  A child is considered illegitimate if its birth is the outcome of adultery (zina) or the result of legitimate union but accompanied with imprecation (li‘an). Other circumstances include the birth of the child taking place in less than six lunar months, the father of the child being categorized as one who is incapable of begetting, or the birth as a result of marital relationship considered unlawful because of consanguinity. The book also deals comprehensively with the moral, religious, legal and other aspects of the illegitimate child and the foundling in the works of the Sunni jurists. The status and rights of the illegitimate child and the foundling in the Islamic family law of Malaysia and Brunei are also discussed by referring to some provisions from Federal Territory Act 1984 (Act 303) and Brunei law.