Child born after five months

If a woman gives birth to a child five months after marriage and the child is held under special care due to its premature birth, what is the genealogical status of the child? Some say that from the Islamic perspective, the husband will not be regarded as the child’s father. Is that true?

 بسم الله الرحمن الرحيم

الجواب حامدا و مصليا و مسلما

In principle, the minimum time period in shari’ah for a child to be born is six months. Thus, in normal circumstances any child born in less than six months after marriage will not be attributed to the father. However, this refers to a child born in under six months that is able to live naturally. In the aforementioned scenario, since the child born at five months was not able to live naturally and was only able to survive under special care, s/he would not fall under the general principle and the child’s lineage will be established with the father.

 والله اعلم

And Allah Knows best.

Approved by: Mufti Husain Ahmad Madani