Is it permissible for a man to perform Li'an (mutual cursing) if one or both of his twin children die?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If one of the twins dies, or if both die, the husband has the right to perform Li'an to negate their lineage. This is the opinion held by Al-Shafi'i. The basis for this ruling is that the deceased child is still attributed to him, as it can be said, 'the son of so-and-so.' Furthermore, the husband is obligated to arrange for his burial and shrouding, thus he should have the right to negate the lineage and consequently the associated expenses, similar to the living child or as if the deceased child had other progeny.
Supporting text
Abu Hanifa holds that the lineage of the living child remains obligatory, and Li'an is only permissible for negating the punishment (Hadd). He argues that the lineage of the deceased cannot be negated by Li'an because their lineage is severed upon death, removing the need for negation, analogous to a deceased wife where Li'an is not performed post-mortem due to the severance of the marriage contract. If the deceased is not negated, the living one cannot be negated because they were considered a single fetus.