Parentage - Definition, Etymology, and Legal Perspective in Islam

Definition and Legal Perspective in Islam

Parentage in Islamic law, known as Nasab (نَسَب) in Arabic and Soy (Soyad) in Turkish, refers to the legal acknowledgment of lineage and the paternity of a child. The scholars of Islamic jurisprudence have established certain criteria and periods relevant to confirming the parentage of a child.

Periods of Pregnancy

Islamic law prescribes specific periods for pregnancy to help ascertain parentage:

• Shortest Period of Pregnancy: Six months
• Longest Period of Pregnancy: Two years (or four years according to some scholars like Imām ash-Shāfiʿī)

This ruling implies that any child born within these periods can be assumed to be the child of the woman’s husband, even if she is widowed or divorced. The basis for this ruling comes from a declaration by ʿĀyishah, the wife of the Prophet Muhammad, who asserted, “The child does not remain in the womb of the mother beyond two years.”

Notable Scholars’ Views

• Imām ash-Shāfiʿī: Asserts the longest period of pregnancy could extend up to four years.
  • Source: Hamilton’s Hidāyah, Vol. I, p. 383

Establishing Parentage

Establishing the parentage of a child involves several conditions:

1. Acknowledgment by a person.
2. The child being of an age which makes it feasible for the person to be the parent.
3. The child’s parentage being unknown to anyone else.
4. The child’s verification of the acknowledgment.

Reference Text

• Source: Hamilton’s Hidāyah, Vol. III, p. 169

Etymology

• Arabic: Nasab (نَسَب)
• Turkish: Soy (Soyad)

Further Reading

For those interested in diving deeper into the topic of Islamic laws concerning parentage and other related issues, the following books are recommended:

1. Arthur Jeffery - “The Foreign Vocabulary of the Qur’an”
2. Joseph Schacht - “An Introduction to Islamic Law”
3. Wael Hallaq - “The Origins and Evolution of Islamic Law”
4. David Powers - “Studies in Qurʾān and Ḥadīth: A Book of Richard Bell”

Key Takeaways

• Parentage in Islam, known as Nasab or Soy, is an important aspect of Islamic familial law.
• The periods defined for pregnancy help in establishing the parentage of a child: six months for the shortest and two (to four) years for the longest duration.
• Scholarly views, especially those of ʿĀyishah and Imām ash-Shāfiʿī, play a significant role in these legal rulings.
• Specific conditions and validations are necessary to legally acknowledge the parentage of a child.

Conclusion

The extensive guidelines and regulations in Islamic jurisprudence regarding parentage ensure clarity, fairness, and adherence to religious principles. Understanding these rules is essential for scholars, legal practitioners, and anyone interested in the nuances of Islamic family law.