If the miscarriage from the strike is proven, and the woman claims the fetus fell out alive while the man denies it, what is the ruling?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
The man's statement prevails with his oath unless the woman presents proof that the fetus made sounds of life (*istihlal*). The original presumption is the absence of such sounds. If the fetus's life is proven, and she claims it lived for a period appropriate for its stage, while he denies this, her statement prevails with her oath because this fact is known only through her and cannot be proven by external evidence, similar to her completion of *iddah* or the onset of her menses.
Supporting text
If the woman provides proof of the fetus making sounds of life, and the perpetrator provides proof that it did not make sounds of life, the perpetrator's proof is preferred because it is an affirmative evidence (*muthbitah*) which precedes negating evidence (*nafiyah*), as the affirmative has additional knowledge. If she claims it died immediately after falling, and he claims it lived for a period, her statement prevails because the presumption is the absence of its life.