Law4u - Made in India

What rights does an illegitimate child have under Muslim law?

16-Mar-2025
Muslim Law

Answer By law4u team

Rights of an Illegitimate Child Under Muslim Law Under Muslim law, an illegitimate child (born out of wedlock) has limited rights, as lineage (nasab) is not legally recognized from the father. The child's rights are primarily determined by Islamic jurisprudence and Indian legal provisions. 1. Right to Inheritance No right in the father's property: An illegitimate child cannot inherit from the biological father under Muslim personal law. Can inherit from the mother: The child is entitled to inherit from the mother’s property and maternal relatives. Can inherit through Indian secular law: If the father acknowledges the child or makes a will, inheritance can be given. 2. Right to Maintenance Father is not legally bound: Muslim law does not impose an obligation on the father to maintain an illegitimate child. Mother is responsible: The mother must maintain the child. Protection under Indian law: Under Section 125 of the CrPC, a child (legitimate or illegitimate) can claim maintenance from the father if he has acknowledged the child. 3. Right to Use Father’s Name The child cannot use the father’s name officially in many interpretations of Islamic law. In India, some courts allow the child to use the father’s name for legal identification. 4. Right to Legitimacy Through Acknowledgment If the father acknowledges the child (without specifying an illicit relationship), the child may be considered legitimate under Hanafi law, gaining inheritance rights. 5. Right to Education and Welfare Indian laws, such as the Right to Education Act, protect the child’s educational rights. The child has full legal rights under Indian secular laws, including identity documents and welfare schemes. Conclusion Under pure Muslim law, an illegitimate child cannot inherit from the father and has limited rights. However, Indian secular laws provide some protection, such as maintenance and welfare rights. If the father acknowledges the child, certain rights may be recognized.

Muslim Law Verified Advocates

Get expert legal advice instantly.

Advocate Mukrram Ansari

Advocate Mukrram Ansari

Cheque Bounce, Consumer Court, Civil, Criminal, Divorce, Family, Domestic Violence, Muslim Law, Motor Accident, Recovery, Succession Certificate

Get Advice
Advocate Abdul Qayyum

Advocate Abdul Qayyum

Armed Forces Tribunal, Cheque Bounce, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, GST, Domestic Violence, Family, High Court, International Law, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Property, R.T.I, Recovery, RERA, Succession Certificate, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Anarul Haque

Advocate Anarul Haque

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Motor Accident, Muslim Law

Get Advice
Advocate Sandeep Gupta

Advocate Sandeep Gupta

Family, Domestic Violence, Criminal, Anticipatory Bail, Arbitration, Child Custody, Court Marriage, Cheque Bounce, Consumer Court, Motor Accident, Muslim Law

Get Advice
Advocate Alankar Singh

Advocate Alankar Singh

Anticipatory Bail, Cheque Bounce, Child Custody, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Succession Certificate

Get Advice
Advocate Atanu Patra

Advocate Atanu Patra

Anticipatory Bail,Bankruptcy & Insolvency,Cheque Bounce,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Motor Accident,Muslim Law,R.T.I

Get Advice
Advocate Ashutosh Dubey

Advocate Ashutosh Dubey

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Cyber Crime,Divorce,Domestic Violence,Family,High Court,Insurance,International Law,Landlord & Tenant,Medical Negligence,Muslim Law,NCLT,Patent,Property,Recovery,RERA,Succession Certificate,Supreme Court,Trademark & Copyright,Wills Trusts,

Get Advice
Advocate K Rajkumar

Advocate K Rajkumar

Civil, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, Child Custody, Banking & Finance, Breach of Contract, Cyber Crime, Insurance, Labour & Service, High Court, Anticipatory Bail, Bankruptcy & Insolvency, Court Marriage, Corporate, Muslim Law, Landlord & Tenant, Documentation

Get Advice
Advocate Kailash Chandra Patel

Advocate Kailash Chandra Patel

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Muslim Law, Succession Certificate, Revenue, Consumer Court, R.T.I

Get Advice
Advocate Shobha Rajpoot(advocate) 8115103296

Advocate Shobha Rajpoot(advocate) 8115103296

Anticipatory Bail, Arbitration, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, GST, Family, High Court, Muslim Law, R.T.I, Tax, Cyber Crime, Banking & Finance

Get Advice

Muslim Law Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.