If lineage experts (*qufah*) are unavailable, or the man who performed the intercourse denies it, or the experts are uncertain when both men shared intercourse, to whom does the child belong?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 5 · Bab 1

Open in Qurani

Primary text

The lineage belongs to the husband because the established basis for attributing lineage to him is present, and there is no contrary proof; therefore, its ruling must be established.

Supporting text

It is also suggested that the husband belongs to the child in all circumstances because the evidence provided by the *qufah* is weak, whereas the evidence of the bed (*al-firash*) is strong, and it is not permissible to abandon the strong evidence due to weak contradictory evidence.