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Parentage

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Chapter Summary

Establishing parentage is not only the right of the father, but the right of the child. The right of the child may commence whilst it is still in the womb. The establishment of a child's parentage to its mother and father can be through marriage, through acknowledgement, or through evidence. Apart from these general rules, the provisions regarding paternity differ under a valid marriage from those under an irregular marriage, or consummation with a semblance of the right to marital intercourse. This chapter deals with these aspects. A foundling is a new-born baby abandoned by its parents, whether through shame or through poverty, and a man may claim paternity of a foundling, and his acknowledgment will be valid, subject to all the previously mentioned conditions relating to acknowledgment.

Keywords: consummation; foundling; marriage contract; parentage

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    The Status of Women under Islamic Law and Modern Islamic Legislation — Recommend this title to your library
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