Indonesian Council of Ulama Fatwa No. 11 of 2012 on Children of Adultery

This fatwa states that, in Islam, a child is born in a holy state, free from sin, even if born of adultery. The fatwa acknowledges Indonesian Constitutional Court Decision No. 46 of 2010 that granted children born out of wedlock the same status as that of children born of parents in wedlock.

The fatwa states, however, that a child born of adultery does not have a relationship with its father or father's family, but does with its mother and mother's family. The child does not bear the sin of its parents, who are to be punished (hadd) by the authorised parties. The government is authorised to hand down a ta'zir punishment to compel the male adulterer to cover the child's needs and provide the child with some form of inheritance in his will (wasiat wajibah). This ta'zir punishment is designed to afford the child some protection; not to legitimise the relationship between the father and child.

The fatwa also recommends that the People's Representative Assembly (Dewan Perwakilan Rakyat) and government legislate to ensure severe punishments for adultery as a deterrent, as well as to ensure that children born of adultery are afforded the necessary protections a father should provide his child. The fatwa requests that the government facilitate with ease the provision of birth certificates to children born of adultery, but not to legitimise the relationship between the father and child. The fatwa also obliges the government to educate society so as children born of adultery are not discriminated against, but are treated like any other child.

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