If a free Muslim man claims paternity of a foundling, is the lineage established?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 7 · Bab 1

Open in Qurani

Primary text

If a claimant is a free Muslim man, his lineage is attached to the foundling without scholarly disagreement, provided it is possible for him to be the father. This is accepted because acknowledging paternity is purely beneficial to the child by securing his lineage and causes no harm to others, similar to acknowledging a right to property.

Supporting text

If the claimant is the one who found the child, the child remains in his custody. If the claimant is someone other than the finder, he may take the child from the finder because paternity has been established, making him the rightful custodian of his child, just as if proof had been established.