INTRODUCTION

In the realm of Indian Muslim Law, the notions of legitimacy and legitimation are pivotal,
delineating the legal status and rights of individuals within familial structures. Legitimacy
pertains to the status of a child born within wedlock, while legitimation concerns the process
by which a child born out of wedlock is granted legal recognition. These concepts, deeply
rooted in religious and cultural traditions, hold profound significance in matters of family
relations, inheritance, and societal norms.

Under Islamic jurisprudence, marriage is esteemed as a sacred bond, and children born within
the confines of marriage are deemed legitimate heirs. Legitimacy confers upon such children
certain rights, privileges, and responsibilities within the family unit and broader society.
Conversely, children born out of wedlock may face legal and social challenges, as their status
is not automatically recognized under traditional Islamic law.

LEGITIMACY , it is the status acquired by a person who is born in lawful wedlock. “Lawful
wedlock” means lawful/valid marriage.The only way to establish paternity is by marriage to
the mother of the child. So as per Islamic law, maternity is by fact but paternity can only be
by marriage. Hence, if there is no marriage between the mother and the father of the child,
then such a child is illegitimate. And as per Sunni Law, such child has no paternity. And
according to Shia Law, such a child has neither paternity nor maternity. By conclusion
parentage under Muslim law is only available to a legitimate child.This means that the father
(begetter) and the mother (bearer) of the child should have been in a valid lawful marriage at
the time of conception. Then the child will be a legitimate child with established paternity
and maternity. There is cohabitation of the father and the mother.The father acknowledges
themother as his wife.The father acknowledges the child as his own. So if the marriage
cannot be proven between the father and mother, or there is a doubt as to the paternity of the
child, the father can chooseto acknowledge the child as his own