FOSTERAGE MARRIAGE IN ISLAM: LEGAL PERSPECTIVES ON PROHIBITION, ESTABLISHMENT, PROOF, AND THE STATUS OF CHILDREN

Abstract

A marriage with a foster relationship is considered haram and has no legal effect and importance in Islamic Law. Issues arising out of such marriage are considered illegitimate as they have no legal basis. Prohibitions are imposed for marriage with fosterage relationships in the Quran as well as in the Hadiths. The objective of this study is to explicate how and why marriage with foster relationships is prohibited in Islam, to analyse how the fosterage established and the legal effects of such marriage on spouses and children keeping in view the different schools of thought in Islam. The methodology of examining different journals of law, the Quranic verses, the Hadiths, research articles, and case laws, is used in this study. The findings of the study show that marriage with foster relationships is null and void, having no legal effects. Hence, one can conclude that such kinds of marriages are void, unlawful, and Batil, different schools of law in Islam have slightly different ideas regarding the outcomes of these, and legal development is necessarily required regarding such marriages in Pakistan.