Can a husband deny paternity after acknowledging the child in a situation where attribution was obligatory?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
In every situation where the attribution of the child becomes obligatory upon the husband, he is thereafter precluded from denying it. This is the view of a group of scholars including Al-Sha'bi, Al-Nakha'i, 'Umar ibn 'Abd al-'Aziz, Malik, Al-Shafi'i, Ibn al-Mundhir, and the Companions of Ra'y (Ahl al-Ra'y). The primary evidence supporting this is that once he has admitted paternity, he forfeits the right to repudiate it, analogous to when the mother has divorced him. Moreover, he has admitted a right belonging to him, and just as with other rights, his denial is not accepted.
Supporting text
Al-Hasan holds that the husband may initiate mutual cursing (Li'an) to deny the child as long as the mother remains under his guardianship, which would mean the child belongs to her. However, the majority opinion is superior because once an admission is made, retraction is invalid.