Is a child born six months or more after a woman affirms the end of her waiting period (Iddah) by menstrual cycles (Quru') attributed to her former husband?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The lineage of a child born six months or more after a woman declares the completion of her waiting period based on menstrual cycles (Quru') is not attributed to the former husband. This view is held by Abu Hanifa and Ibn Surayj. The evidence for this ruling is that the lineage attribution requires the possibility of paternity coupled with the continuation of the marriage tie or its residual effects. Since the ruling establishing the end of the Iddah makes the marriage dissolved and the permissibility of remarriage established, the possibility of paternity is deemed insufficient when the marital state has ended.
Supporting text
Malik and Al-Shafi'i hold that the child is attributed to the former husband unless the woman remarries or four years have passed since the separation. Al-Kharaqi's statement implies this, as he generally allowed attribution if a child is born up to four years after divorce or death because the child's paternity remains possible and no other claimant has precedence or equal standing, similar to a birth after the marriage contract itself.