On Legitimacy of pregnancy conceived in lawful and valid wedlock

On Legitimacy of pregnancy conceived in lawful and valid wedlock-

Under Islamic Law, any pregnancy that appears with the wife of a husband is legitimate irrespective of the number of times the couple had sexual intercourse, provided the delivery of the pregnancy takes place within the minimum period of gestation, which is six lunar months less five days i.e. five months and twenty five days, and provided also that the marriage between the couple was validly contracted.

In the instant case, the appellant stated that he was informed that Zara gave birth five months and twenty-eight days after her marriage to the 1st respondent. And that period was enough to cover the minimum period of gestation. In the circumstance, the paternity of the child born by Zara, must be attributed to the 1st respondent. 

(PP.184-185, PARAS. H-C)

AUTHORITY
MAIWAKE VS. MODU (2007) 13 NWLR (PT.1050) 168 CA

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