What are the financial implications if the child born is proven not to be from the divorced husband?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 4 · Bab 1

Open in Qurani

Primary text

If it is established that the wife was pregnant by another man, such as if she gives birth after four years, the husband owes no support for the duration of that pregnancy. If the divorce was revocable, support is due during her waiting period. If the waiting period ended before conception, support is due until the period ends. If she conceived during the waiting period, support is due until the intercourse that caused the pregnancy, after which support ceases until delivery, and then resumes for the remainder of her waiting period. If the husband had intercourse during the revocable waiting period, it results in reconciliation (ruju'). If reconciliation is not established, the lineage is attributed to him, and support for the duration of the pregnancy is obligatory upon him.

Supporting text

If the husband was ignorant of the finality of the divorce or the end of the revocable waiting period, or ignorant of the prohibition of intercourse while unaware of these facts, the child's lineage is established, and there are two differing narrations regarding the obligation of support.