Is a child born after the completion of the Iddah based on menstrual cycles, but more than six months after the last observed menstruation, attributed to the former husband?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the delivery occurs more than six months after the last observed menstruation that was mistakenly considered a menstrual period, the child is not attributed to the husband.
Supporting text
A dissenting view among the companions of Al-Shafi'i argues for attribution because it remains possible for the child to be his, and attribution follows possibility. However, the established ruling dictates that since delivery occurred after the Iddah was ruled complete, at a time when conception by the husband is uncertain, paternity is not established without li'an, as possibility is only considered when marriage or Iddah is extant.