What is the ruling when a husband states, 'The child is not from me' upon the birth?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a woman gives birth and her husband states, 'This child is not from me,' or 'This is not my child,' he is not subject to the penalty for slander (hadd al-qadhf) based on the apparent meaning of his statement. This is because he might intend that the child is from another husband or from intercourse based on a misconception (shubh). He must be questioned. If he then states, 'She committed fornication, and this child is from that fornication,' this constitutes slander, and the ritual of mutual cursing (Li'an) is established.
Supporting text
If the husband claims he meant that the child does not resemble him physically or morally, and the wife claims he meant to slander her, the husband's interpretation prevails because he knows his own intent, especially if he explicitly states, 'She did not commit adultery.' If the husband states, 'She was impregnated through a misconception (shubh), and the child is from the one who impregnated her,' there is no hadd because he has not slandered her or the other man. If he states, 'She was forced into fornication,' there is also no hadd, nor is there Li'an, because he has not accused her of intentional adultery (qadhf), and Li'an requires such an accusation. The lineage of the child is established in these cases. This is the position of Abu Hanifa.