Is a man permitted to perform Li'an (mutual imprecation) to deny paternity of a child born from a void marriage?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a man enters into a void marriage contract and subsequently performs *Li'an* to deny a child born from that union, he is permitted to perform *Li'an* for denial, and no punishment (*hadd*) is incumbent upon him. This ruling applies because the child is attributed to him by the nature of the marriage contract, thus permitting denial as if the marriage were valid. When *Li'an* is performed, the punishment is waived because *Li'an* is a legislated means for denying paternity and consequently abolishes the punishment, similar to *Li'an* in a valid marriage.
Supporting text
Abu Hanifa holds that the child is attributed to the man, and he is not permitted to deny paternity or perform *Li'an* because the woman is a non-relative (*ajnabiyya*), making the situation akin to all other non-relatives or when no child exists. Furthermore, if *Li'an* is performed without a child, the punishment is not waived, and permanent prohibition (*tahrim mu'abbad*) is not established because the *Li'an* is void, and thus its rulings do not take effect.