Does paternity legally attach to a husband if a child is born immediately after a marriage conducted and dissolved within the same sitting before a judge, even if the husband affirms he did not have intercourse?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Paternity is established for the husband even if the wife gives birth soon after the marriage was contracted and then dissolved in the same session before the judge, despite the husband's affirmation that no intercourse occurred. This demonstrates that paternity can be established based on possibility and likelihood (imkan) without requiring the certainty (haqiqa) of the sexual act.