How is disagreement regarding the pregnancy of a captive woman resolved?

General Chapter

Al-Mughni

Book of Blood-Money (Diyyāt)

Book 48 · Issue 1 · Bab 1

Open in Qurani

Primary text

When there is a dispute concerning the pregnancy of a captive woman, recourse is made to experts, similar to consulting female midwives regarding a woman's pregnancy. If the guardian accepts custody claiming she was not pregnant and her abdomen had shrunk, but the injurer claims she gave birth while in his custody, the ruling is contingent upon acceptance. If the guardian accepted custody based on the opinion of the experts, the statement of the injurer is upheld because the experts' assessment is presumed correct. If the guardian accepted custody without consulting experts, the statement of the guardian is upheld because the default assumption is the absence of pregnancy.