Establishing the Obligation of Financial Support by a Biological Father Towards an Illegitimate Child: A Fatwa-Based Analysis within the Framework of Maqasid al-Shariah

Nur Zakirah Asmawi, Siti Aisyah Ismail, Anies Alya Azman, Ulfa Nabila Salahuddin and Mohd Harifadilah Rosidi
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Nur Zakirah Asmawi: Faculty of Shariah and Law, Islamic Science University of Malaysia
Siti Aisyah Ismail: Faculty of Shariah and Law, Islamic Science University of Malaysia 
Anies Alya Azman: Faculty of Shariah and Law, Islamic Science University of Malaysia
Ulfa Nabila Salahuddin: Faculty of Shariah and Law, Islamic Science University of Malaysia 
Mohd Harifadilah Rosidi: Faculty of Shariah and Law, Islamic Science University of Malaysia 

International Journal of Research and Innovation in Social Science, 2025, vol. 9, issue 7, 25-36

Abstract: This study examines the legal and ethical basis for establishing a biological father’s obligation to provide financial support for a child born out of wedlock, analysed through the dual frameworks of fatwa and Maqasid al-Shariah. Classical Islamic law generally holds that a child conceived through zina (illicit sexual intercourse) has no legitimate paternal affiliation (nasab) to the biological father, thereby negating any legal duty of maintenance. However, a more inclusive and welfare-oriented approach is increasingly relevant given contemporary social realities and the vulnerability of children born in such circumstances. The primary aim of this study is to reassess the prevailing legal position regarding a father’s financial responsibility towards an illegitimate child by incorporating insights from contemporary fatwa rulings and aligning them with the objectives of Maqasid al-Shariah, particularly the principle of maslahah (public interest). This study adopts a qualitative methodology, employing document analysis of classical and contemporary juristic opinions, statutory provisions, and relevant case studies. The findings indicate that the provision of financial support by a biological father should be reconsidered as a measure to safeguard the child’s welfare and uphold social justice, consistent with the higher aims of Islamic law. Integrating fatwa-based reasoning with Maqasid al-Shariah offers a balanced framework for reconciling doctrinal positions with evolving societal needs, without compromising the core principles of Islamic jurisprudence.

Date: 2025
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