What is the ruling on a husband's imprecation (Li'an) against his wife while she is pregnant and he denies the paternity of the fetus?

Primary text

There is a difference of opinion among scholars regarding whether a husband's denial of paternity via Li'an while his wife is pregnant negates the paternity of the fetus before birth. Al-Kharqi and a group hold that the paternity of the fetus is not negated by the husband's denial before delivery; rather, it is only negated upon the child's birth following the Li'an. This is the position of Abu Hanifa and a group of scholars from Kufa, based on the uncertainty of the fetus (it might be mere gas or something else), making its denial conditional upon its actual existence, and they rule that binding Li'an to a condition is impermissible. Conversely, Malik, Al-Shafi'i, and a group of scholars from Hijaz maintain that denying the pregnancy is valid and negates paternity. Their evidence includes the Hadith of Hilal, where the Prophet (peace be upon him) accepted the denial of paternity of the pregnancy, which was then attributed to the first party, and the Prophet commanded observation, implying the fetus was real. They argue that the existence of the pregnancy is presumed due to established signs, which is why rulings applicable to pregnant women (like provisions for maintenance, exemption from fasting, delay of prescribed punishments and retribution) apply. Therefore, the fetus is treated like a child after birth. This latter view is deemed correct as it aligns with the apparent meanings of the Hadith.