Should the husband's denial of paternity be accepted if the wife's motherhood is proven by testimony?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the wife's maternity is established by proof, the lineage is attributed to the husband because the child was born on his marital bed (Firash). Another opinion narrated by Al-Qadi suggests the wife's statement is accepted based on Allah's saying, 'And it is not lawful for them that they should conceal what Allah has created in their wombs' (Quran 2:228). The prohibition of concealing is evidence that her statement concerning it is accepted. Furthermore, since it originates from the woman and concludes her waiting period, her statement is accepted regarding it, similar to menstruation (Hayd), and because it is a ruling related to birth, her word is accepted, like in the case of Hayd.
Supporting text
If the wife's word is accepted, the lineage is established. Regarding whether the husband can negate it through Li'an, there are two views. The first is that he cannot negate it because his denial of her giving birth to him implies an admission that she did not give birth to him through fornication; thus, his subsequent denial of that is self-contradictory and thus invalid. The second view is that he can negate it through Li'an because he has accused his wife and is denying her child, thus falling under the general rules of Li'an.