Acknowledgement of paternity between the strictness of the principle of the child belongs to the bridal bed and the flexibility of the principle of resurrecting the child

Abstract

The system of acknowledgement of paternity in Islamic law is based on its own original rules, and this system differs from other legal systems such the adoption system and the kafala system. The study of the question of proving parentage by acknowledgement of paternity poses the problem of determining the scope of this recognition.On the one hand , the strictness of the principle of the child belongs to the bridal bed , does not allow to prove parentage outside the marital relationship , and on the other hand, the child has the right to prove his lineage to his father when the latter is ready to admit it even if it is not possible to prove the marriage. Therefore, the principle of resurrecting the child intervenes to soften the principle of the child belongs to the bridal bed and reduce its effects.