PLAI

Statute

Code of Muslim Personal Laws

198 provisions · showing BOOK TWO › TITLE III (7) · source

Article 58

Legitimacy of filiation is established by evidence of valid marriage between the father and the mother at the time of the conception of the child.

Article 59

(1) Children conceived in lawful wedlock shall be presumed to be legitimate. Whoever claims illegitimacy of or impugns such filiation must prove his allegation. (2) Children born after six months following the consummation of marriage or with two years after the dissolution of the marriage shall be presumed to be legitimate. Against this presumption no evidence shall be admitted other than that of the physical impossibility of access between the parents at or about the time of the conception of the child.

Article 60

Should the marriage be dissolved and the wife contracts another marriage after the expiration of her'idda, the child born within six months from the dissolution of the prior marriage shall be presumed to have been conceived during the former marriage, and if born thereafter, during the latter.

Article 61

If, after the dissolution of marriage, the wife believes that she is pregnant by her former husband, she shall, within thirty days from the time she became aware of her pregnancy, notify the former husband or his heirs of that fact. The husband or his heirs may ask the court to take measures to prevent a simulation of birth.

Article 62

A legitimate child shall have the right: (a) To bear the surnames of the father and of the mother; (b) To receive support from the father or, in his default, from his heirs in accordance with Articles 65 and 68; and (c) To share in the legitimate (furud) and other successional rights which this Code recognizes in his favor.

Article 63

Acknowledgment (igra) of a child by the father shall establish paternity and confer upon each the right to inherit from the other exclusively in accordance with Article 94, provided the following conditions are complied with: (a) The acknowledgment is manifested by the father's acceptance in public that he is the father of the child who does not impugn it; and (b) The relations does not appear impossible by reason of disparity in age.

Article 64

No adoption in any form shall confer upon any person the status and rights of a legitimate child under Muslim law, except that said person may receive a gift (hiba).