What is the legal determination of parentage when a woman gives birth and claims the child is from a previous husband?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

The paternity of a child born after remarriage is determined based on the timing relative to the previous separation and the subsequent marriage. If the child is born after the waiting period (Iddah) of the first husband has completely ended before the second marriage, the child does not belong to the first husband under any circumstances. If the child is born more than four years after separation from the first husband, the child is also not attributed to the first husband. If the child is born less than six months after the second marriage, the child is attributed to neither husband. If the child is born more than six months into the second marriage, the child belongs to the second husband. If the birth occurs more than six months after the second marriage, but less than four years after the first divorce, and the completion of the Iddah is unknown, the matter must be referred to the Qā’ifah (expert in lineage tracing). The child is then legally attributed to the one whom the Qā’ifah confirms the lineage with. If the Qā’ifah attributes the child to the first husband, paternity is negated from the second husband without the requirement of mutual imprecation (Li'an). If the Qā’ifah attributes the child to the second husband, paternity is negated from the first husband, and the second husband is established as the father.

Supporting text

There are two differing narrations (Riwāyāt) regarding whether the second husband has the option to enforce negation of paternity via Li'an if the Qā’ifah attributes the child to the first husband.