Rights and Status of Illegitimate Child, with Reference to Islam and Pakistan

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Title Page Abstract……………………………………………………………..1

Chapter one: Introduction………………………………………....2

Chapter two: Position of Illegitimate child in different views…...3

Chapter three: Defense for the Rights of Illegitimate Child…….5

Chapter four: Conclusion……………………………………….…7

Methodology……………………………………………………..….8

Bibliogrophy…………………………………………………...……9

Abstract
According to section 338 and 338 B of Pakistan’s penal code, induced abortion (Isqat-Hamal and Isqat-e-Jnain) is strongly prohibited by the law, except in the case where mother’s life is in danger [1]. So, with the implications of the law there is a condition to give birth to every child, either it is the result of rape or fornication, adultery. After the birth of the child, he/she must be recognizing as bastard. An illegitimate child, who have no right to inherit from his putative father according to Hanfi law and has no right to inherit from his mother also, in Shia law [2]. But, this is not the only matter about the right of inheritance, there are several matters related to his status in society. Like, to whom he or she consider as their child if the mother is married, who is responsible for his/her maintenance and nourishment, to whom he/she may consider as “Mehram” or “Na-Mehram” and could he get the religious and social status as the imam and judge among the Muslims? Through this research, I will examine the Islamic stance on the matter of illegitimate child in the perceptive of different school of thoughts. And also analyze it with comparing the other standing positions, which support equal rights of all children, whether they born in the wedlock or out of the wedlock. And they strongly believe that the natural parents should take the responsibility of their children. I also highlight those affects which are closely connected with the existing law about illegitimate child in Pakistan and compare it with the current conditions of other countries, where they have the opposite law. Chapter One:

Introduction
In the first chapter I would like to give the comprehensive introduction on the issue of the status and rights of illegitimate child, as discussing about illegitimacy, its causes, its relations with other issues and its effects on the individuals. And also discuss the law in Pakistan about illegitimate child, and what kind of problems relating to the issue in Pakistan.

Illegitimacy of child is directly connected with the matter of parentage. There are two kinds of parentage, one is maternal lineage or maternity and second is paternal lineage or paternity. Maternity is established by the mother. Generally, it does not raise any doubt as the mother of the child except in the case of surrogate mother case[3]. In the Islamic sharia it is prohibited in case if surrogate mother is not married with the owner of the semen it means she should marry to the man of which semen is going to be use. But there will be a one question arise that to which of the two wives will be the child belong? Does it belong to the genetic mother (the first wife) or the biological mother (the second wife)[4]? But if the sperms do not belong to the husband than the child born is consider as a child of adultery or fornication and carry the status of illegitimate child. Paternal lineage or paternity is established by a father of a child and it is only legally established through marriage. In Islamic concept it can only established through valid marriage but can be break through different methods; by li’aan and by gestation period etc. Due to giving a short introduction, I can’t write here the details on these subjects. Chapter Two:

Position of Illegitimate child in different views
In the second chapter I would like to discuss the rights of illegitimate child and his status under the different school of thoughts of Islam. After getting a life an illegitimate child loosing some...
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