Is it permissible to establish paternity based on physical resemblance signs when expert ascertainment (Qafah) is unavailable or inconclusive?

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not permissible to prefer one claimant over another by noting a physical sign on the child when expert ascertainment (Qafah) is absent, uncertain, or when experts disagree, or when the claimant's word is untrustworthy. This is because physical resemblance does not establish preference in other legal claims, except concerning foundlings' parentage (al-iltiqat) in matters of wealth, and doing so risks corrupting the lineage (nasab). This is the position held by Abu Bakr.