The ruling when two men both claim custody of a foundling (laqit), one claiming him as a son and the other as a daughter.

General Chapter

Al-Mughni

Book of Foundlings

Book 30 · Issue 1 · Bab 1

Open in Qurani

Primary text

If two men claim custody of a foundling, one asserting the child is his son and the other asserting the child is his daughter, the ruling follows the specific claim made. If the child is determined to be a male, the custody is assigned to the claimant asserting he is the son. If the child is determined to be a female, custody is assigned to the claimant asserting she is the daughter, because each claimant is only entitled to what they specifically claimed.

Supporting text

If the foundling is determined to be an ambiguous intersex individual (khuntha mushkil), experts in physiognomy (qaafah) are consulted regarding both claimants, as neither claimant's assertion holds precedence over the other in this ambiguous case.