What is the legal weight of a claimant's assertion of lineage when there is conflict or uncertainty?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
When two claims of paternity conflict, and neither claimant possesses decisive evidence, the lineage is not established, similar to when two parties claim ownership of a slave. Furthermore, the assertion of a claimant that the child is theirs, even if the child accepts it, is impermissible to confirm because the Prophet (peace be upon him) cursed anyone who falsely claims lineage to a father other than their own or allegiance to one other than their true patrons. Since paternity is not known with certainty, confirming it risks incurring this curse, unlike a sole claimant whose word establishes lineage without requiring confirmation from the child.
Supporting text
The argument that a person naturally inclines toward their kin is refuted because this inclination follows knowledge of kinship, not preceding it. Moreover, inclination may follow kindness shown, dislike for mistreatment by another, or preference for better character, status, or wealth, thus rendering natural inclination unreliable as evidence for lineage. Furthermore, the reported statement of Umar commanding the choice of a father ('the father of whom you wish') is considered unverified; even if verified, it only mandates affiliation, not lineage establishment.