What is the ruling for denying someone's paternity?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Imposing the prescribed punishment (Hadd) is mandatory if a man denies another man's lineage to his father. This ruling is established by Ahmad. This same ruling applies if one denies another's lineage to his tribe. Ibrahim al-Nakha'i and Ishaq hold this view. Abu Hanifa, al-Thawri, and Hammad also mandate the Hadd if the denial is concerning the father, provided the mother is Muslim; if the mother is a Dhimmi or a slave, there is no Hadd because the slander is against the mother. The evidence supporting this is what al-Ash'ath ibn Qays narrated from the Prophet, peace be upon him, who used to say, "I will not be brought a man who says that Kinanah is not from Quraysh except that I will flog him." Also, Ibn Mas'ud stated that flogging is only necessary in two cases: when a man slanders a chaste woman (Muhsana) or when a man denies another's lineage to his father, which implies a direct, definitive statement. If one denies a man's lineage to his mother, there is no Hadd because no one has been accused of fornication.
Supporting text
If someone states, "If you do not do such-and-such, then you are not the son of so-and-so," there is no Hadd because the accusation of slander (Qadhf) is not absolute and is conditional. Analogically, denying lineage to a tribe should not incur Hadd because it does not exclusively imply accusation of adultery. It is akin to telling a non-Arab that he is an Arab, or telling an Arab that he is a Nabati or a Persian, for which there is only discretionary punishment (Ta'zir). A second narration attributed to Ahmad suggests the Hadd is applicable, similar to denying paternity.