FOSTERAGE MARRIAGE IN ISLAM: LEGAL VIEWS ON PROHIBITION, ESTABLISHMENT, PROOF, AND CHILD STATUS

Abstract

Marriage within a foster relationship is considered haram and legally invalid in Islamic law, with any issues arising from such unions deemed illegitimate. The Quran and Hadith clearly prohibit fosterage marriages. This study explores the reasons behind this prohibition, the establishment of foster relationships, and the legal consequences for spouses and children across different Islamic schools of thought. Using analysis of Quranic verses, Hadiths, legal journals, research articles, and case law, the study finds that fosterage marriages are null and void. While interpretations vary slightly among Islamic schools, all agree on their illegality. The study calls for legal reforms in Pakistan to address these issues more clearly.