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Law Of Domestic Relations - Chapter 17

Paternity (nasab) Articles 137-144)

Article 137 establishes the period of pregnancy as being between 180 and 300 days. If the infant is born not less than 180 days from the date of the marriage, it is accepted that this is the husband's child. These articles take on a more modern outlook, in officially recognizing the paternity if the infant is born 180 days after the marriage, provided the father explicitly accepts him as his son (Article 138), Hanafi Law has no parallel to this.

Article 139 rules that a husband can deny paternity of a child born at the end of the 180 days. He has thirty days from the date of birth if he was present, or on the day that it became known to him if he was missing. In contrast to Hanafi Law this does not invalidate the marriage as might be deduced, since the law is silent on this point. Denial of paternity however, does not apply in the following circumstances: (a) if the husband's denial comes after the period stated in the previous article; (b) if he denies it after recognizing the fact; (c) if the husband's denial comes after the infant dies; (d) if his denial comes after paternity has been proven by law. Although there is a basis in Shari'a for three of the four instances above, the third is unique to this law, being an addition by the Druze legislator.

Articles 140-144 stress that the period of 300 days is the maximum time for proving paternity when the woman is a widow, divorcee, or one who has had no contact with her husband. p>Intorduction Chapter 1 - Eligibility to Enter into Marriage (Articles 1 - 5) Chapter 2 - Forbidden Marriages (article 9 - 13) Chapter 3 - Arranging the Marriage (Articles 14 -19) Chapter 4 - Marriages Rules (Articles 20 -23) Chapter 5 - Dower ("Mahr") (Articles 24 - 27) Chapter 6 - Maintenance (Nafaqa) (Articles 28-36) Chapter 7 - Separation (Article 37-49) Chapter 8 - Waiting Period (Idda) (Articles 50-53) Chapter 9 - The custody of the children (Articles 54-66) Chapter 10 - Child allowance (Articles 67-74) Chapter 11- Payments by sons to parents and other relatives (Articles 75-80) Chapter 12 - Guardianship over minors (Articles 81-87) Chapter 13- Guardianship and wills (Article 88-98) Chapter 14- Responsibilities of the guardian [executor] (Articles 99-118) Chapter 15- Circumstances under with a Qadi may disqualify a person and appoint a guardian (Articles 119 -125) Chapter 16 - A Missing Person and his Trustee (article 126 -136) Chapter 17 - Paternity (nasab) (Articles 137-144) Chapter 18 - Wills and Inheritance (2) (Articles 145 -170) End Notes