What is the ruling regarding paternity when the owner has not admitted to intercourse, or if the child is born less than six months after the alleged intercourse?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the owner did not admit to intercourse, or if he admitted it but the child is born less than six months from the time of intercourse, the child is attributed to the valid marriage contract, provided this attribution is possible. In this case, the man has the right to deny paternity through the process of mutual cursing (li'an).

Supporting text

There are two differing opinions on whether this establishment of paternity denial through li'an results in permanent prohibition (i.e., permanent prohibition of marriage between the man and the child's mother).