What is the ruling on "istilhaq" in Islamic Sharia, which is when a woman gives birth years after her husband's death or divorce, and the child is attributed to him, on the grounds that the fetus remained in the womb?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The determination of the ' (waiting period) as four months and ten days, or three menstrual cycles, is for a woman who is not pregnant. However, if a woman suspects she is pregnant, she waits until her doubt is removed by giving birth, based on the Almighty's saying: ﴿And for those who are pregnant, their term is until they deliver their burdens.﴾ [Al-: 4]. This ruling is practiced in the madhabs (schools of thought) of Ahl al-, and it is not a Mauritanian superstition. Rather, it is a legitimate religious matter in which the pregnancy is attributed to her deceased or divorced former husband, because his lineage is known.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 67862
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