What is the ruling regarding the reliance on *Qāfah* (physical resemblance analysis) in establishing lineage when direct evidence (*bayyinah*) is absent or conflicting?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The lineage shall be established according to the determination of the *Qāf* (one skilled in resemblance analysis), either when there is no other evidence or when two pieces of evidence conflict and nullify each other. This position is held by Anas, 'Ata', Yazid ibn 'Abd al-Malik, al-Awza'i, al-Layth, al-Shafi'i, and Abu Thawr. The evidence for this ruling includes the narration where the Prophet, peace be upon him, was pleased when al-Mujjiz al-Mudzlijiy noted the resemblance between the feet of Zayd and Usamah, stating, 'These feet are parts of one another.' This indicates permissibility of relying on *Qāfah*. Furthermore, 'Umar, may Allah be pleased with him, ruled based on *Qāfah* in the presence of the Companions without objection, implying consensus (*ijma'*). This is further supported by the Prophet's statement regarding the child of *li'an* (oath of imprecation), indicating that had there not been the oaths, the resemblance would have been decisive.
Supporting text
The People of Opinion (*Ahl al-Ra'y*) rule that *Qāfah* has no legal effect and that the child should be attributed to both claimants simultaneously. They argue that relying on *Qāfah* is dependence upon mere similarity, conjecture, and speculation, as resemblance can exist between strangers and be absent among relatives. They cite the Hadith where the Prophet, peace be upon him, likened the situation of a dark-skinned child born to a fair-skinned man to finding an odd-colored camel in a herd, attributing it to a past progenitor, thus dismissing resemblance as definitive proof. They also note that if resemblance were sufficient, it would have sufficed in cases of *li'an* or when some heirs admit a sibling whom others deny.