Who owns the offspring born from a usurped slave girl impregnated by the usurper?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
If the usurped slave girl becomes pregnant, the child belongs to her owner because the child is considered an increase and a part of the property. The lineage of the child cannot be attributed to the impregnator because the act constitutes illicit sexual relations (Zinā). If she gives birth alive, the child must be returned with her. If she miscarries and the fetus is dead, the usurper is not liable, as the child's life could not be confirmed before that point. This is the position of Al-Qadi and appears to be the dominant view in the Shafi'i madhhab among his companions.
Supporting text
Al-Qadi Abu Al-Husayn holds that the value of the child must be guaranteed if it were born alive, arguing that the usurper is liable for its loss through destruction in his possession, similar to compensation for the property's benefits. A more supported opinion is that liability is ten percent of the mother's value, as this is the measure of liability for injury, and thus applies to loss in possession, similar to compensation for parts of the body.