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Registering a child on the mother’s name

Answered according to Hanafi Fiqh by

Q: I am a second wife currently pregnant and my husband and his parents are emotionally and verbally abusing me. His first marriage is in community of property leaving all of his assets to his first wife while mine was just a nikaah and he has only provided a house for me. He has always falsely accused me of being unfaithful when I gave him no reason to believe so. He says that the child I’m carrying is not his. I am very hurt and I have left my home and don’t want to go back to him. Can I register my child using my surname because of the situation that I’m in? He has also told me that he will be selling my house. He left nothing for me and our unborn child while his first family lives a cosy lavish life. Please advise me.


A: The child is his. Registering the child on your name is permissible but the child needs to know his biological father.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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