What is the ruling on disclaiming paternity of a child based on physical characteristics differing from the father or resembling another man?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
It is not permissible to disclaim a child solely because they differ in color from their parents, lack resemblance, or resemble another man. Evidence for this is the Hadith of Abu Hurayrah where the Prophet, peace be upon him, compared denying a child due to color difference to denying the variation in the color of camels within a herd, stating that such variation can arise from lineage ('a trait inherited from an ancestor'). All people originate from Adam and Eve, and variations in color and form are natural. The evidence of lineage through the marital bed is strong, and it is not permissible to abandon the strong evidence in favor of weak evidence like superficial resemblance. Thus, the child is attributed to the marriage bed, and the resemblance to another is disregarded, which is the preferred view chosen by Abu Abdullah ibn Hamid and one opinion among the Shafi'is.
Supporting text
Al-Qadi and Abu Al-Khattab mentioned that the apparent meaning of Imam Ahmad's statement permits disclaiming paternity based on strong physical dissimilarity, which is the second view among the Shafi'is. This is based on the Hadith of *Mula'anah* (imprecation) where the Prophet, peace be upon him, indicated the description of the child was indicative of the other man if the oaths were not present. However, the sounder opinion is that the resemblance only serves as a corroborating factor when coupled with the oath of *Lian* (mutual curse) and denial of paternity, and does not independently establish disclaiming paternity when the marital relation remains intact.