What is the legal consequence of admitting the parentage of a minor child without explicitly mentioning marriage?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
If a person admits the lineage of a minor child, this admission does not constitute an admission of the child's mother being his wife. This position is held by Al-Shafi'i. The evidence is that the validity of marriage is not implied by the wording or the essence of the admission; therefore, admitting paternity does not necessitate admitting the marriage, similar to a case where the mother's freedom is not known.
Supporting text
Abu Hanifa holds that if the mother is known to be free, the admission of parentage implies an admission of the validity of the marriage, because the lineage and status of Muslims must be presumed correct, which necessitates the child being born to him in a valid marriage. This view is rejected because while lineage is presumed correct, it can result from intercourse in a void or dubious marriage, so the marriage itself is not obligatory based solely on the admission unless explicitly stated or inherently required.