Examining the Effects of White Marriage on Children from the Perspective of Islamic Jurisprudence and Law

Abstract

White marriage has been on the rise in the country, and therefore, examining its legal implications, particularly with regard to children born from such unions, is essential. Thus, the objective of the present article is to address the critical issue of what legal and jurisprudential consequences white marriage has on children. This descriptive-analytical article utilizes a library research method to examine the stated issue. The findings indicate that, considering that in a white marriage, the union is not legally recognized, the marital relationship is neither legitimate nor legal, and any child born from such a relationship is considered a child of adultery. In white marriage, lineage does not form between the father and the child. The common descent between the child and the natural father in a white marriage is neither established nor attributed. However, lineage between the mother and the child is established. The natural child has no inheritance rights from the father. Therefore, neither the father inherits from the child, nor does the child inherit from the father. However, with regard to the mother, the child is attributed to her in terms of lineage, and both the mother inherits from the child and the child inherits from the mother. In permanent marriage, all financial responsibilities for the child's living expenses until a certain age depend on the child's gender and are borne by the father. However, in white marriage, the father has no legal obligation to pay for the child’s expenses. In fact, the mother is fully responsible for the child’s living expenses.