Saidi Aleiko (Administrator) v. Mwatatu d/o Ibrahim, (PC) Civ. App. 25-D-66; 3/3/67; Otto, J.

Saidi Aleiko (Administrator) v. Mwatatu d/o Ibrahim, (PC) Civ. App. 25-D-66; 3/3/67; Otto, J.

The father of a deceased child sought a share of her estate. He admitted that he had not formally married her mother, but he argued that the child was legitimate because he had always accepted her, and the other offspring of this union, as his own. All parties agreed that, in question of inheritance by parents, an illegitimate child is deemed the child of the mother only.

            Held: Under Islamic law, there can be no “marriage” without the proper formalities. The children of this union were therefore illegitimate, and the father may not inherit from them.