Abstract
The legitimacy of a child born to a legally married couple is indubitable. However, it
becomes problematic when a woman appears to be pregnant for a longer time period than
the usual period of gestation following her husband’s demise or after the completion of
the waiting period (istibra). The unavailability of definitive legal texts (nusūs) either
from the Qur’ān or Sunnah for the maximum period of gestation has triggered exerting
independent juristic reasoning (ijtihad) by Muslim scholars. Therefore, this paper
explores scholars’ dissent and legal implications for the maximum period of gestation
from the classical Islamic literature buttressed with scientific medical perspectives. The
paper adopts a qualitative doctrinal approach by revisiting classical books along with the
available modern literature. The research finds that even though most of the views held
by classical scholars are inconsistent with the modern medical perspective with the
exception of the Zahiri School of Law, exceptional cases cannot be ruled out.
Isa Abdur-Razaq Sarum. (2018) Maximum Period of Gestation: Legal and Medical Conundrum of Child’s Legitimacy under Islamic Law, Journal of Islamic Thought and Civilization, Volume VIII, Issue 1.
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