Child born five months after Nikah

Question:-

A Nikah was performed in my family, and now, five months later, the wife gave birth to a baby boy. Is the Nikah valid?

Answer:-

In the queried scenario, the Nikah will be valid. However, the child will not be attributed to the father, rather he will be attributed to the mother, since he was born before the elapsing of a six-month period since the point of Nikah. Any subsequent children born in the marriage will be attributed to the father. This child does not inherit from his father due to being categorized as an illegitimate child but he will inherit from his mother. Similarly, if the child predeceases the father, then the father will not inherit from the child.

[Fataawa Mahmoodiyya Pg.408 Vol.16]

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Maulana Abdul Kader Fazlani

Date: 29 Rabi-ul-Aakhir 1444 / 24 November 2022

CHECKED AND APPROVED BY:

Mufti Mohammed Desai Saheb