What is the ruling on disclaiming paternity when the husband practiced *'azl* (coitus interruptus) and a child was still born?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a husband practiced 'azl with his wife and she subsequently gives birth, it is not permissible for him to disclaim the child, based on the Hadith of Jabir and Abu Sa'id regarding the question of 'azl. The Prophet, peace be upon him, stated regarding the creation of a soul: 'Indeed, God, when He decrees to create a soul, creates it.' Furthermore, it is possible for semen that is not consciously felt to escape and conception to occur.
Supporting text
If the husband only engaged in intercourse beneath the external opening of the vagina or in the anus, and a child was born, established scholars maintain that he cannot disclaim paternity because he cannot be certain that semen did not escape to the proper location and cause conception. This is one view among the Shafi'is, though it is considered weak because the act outside the vagina is considered akin to non-intercourse in respect to rulings, and the evidence that no intercourse occurred in the vagina should outweigh the evidence of dissimilarity in appearance.