What is the consequence if a husband performs Li'an against his pregnant wife, and she subsequently gives birth?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
Abu Hanifa and his followers hold that if a husband performs Li'an while his wife is pregnant, and she subsequently delivers the child, the paternity is established for him, and he cannot deny it afterward. This is because Li'an is only valid between the two spouses, and the wife is considered legally separated (Bain) by the Li'an performed during pregnancy. To hold him responsible for a child not his own and to close the means God established for denying paternity from adulterous unions would be unjust. Therefore, the marital status is only considered during the time when adultery was attributed, as the child she bears thereafter would be attached to him if not denied, necessitating his denial, and she was his wife at that time, thus granting him the right to deny her child.