LEGAL PRINCIPLE: ISLAMIC LAW – Paternity (Nasab) – Proof under Maliki Law
PRINCIPLE STATEMENT
A child's paternity is not determined by physical resemblance but by the period within which the child is born after consummation of marriage. Under Maliki law, if a child is born within 6 months of consummation, the child is affiliated to the husband.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Jatau v. Mailafiya (1998) NLC-2151994(SC) at p. 7; Paras D–E.
"A child's paternity or affinity is not considered through physical resemblance but by consideration of the period within which the child is born after consummation of the marriage of his parents. The consensus of opinion in the Maliki School is that if a child is born within 6 months of consummation of the marriage the child is affiliated to the husband."
EXPLANATION / SCOPE
Under Maliki law, paternity is presumptive based on the minimum gestation period (6 months). Physical resemblance is irrelevant. The principle applies to Islamic law proceedings. The child born within 6 months of consummation is presumed to be the husband’s. The presumption is rebuttable. The rule protects legitimacy. The court will apply the presumption.