Is the child born to a wife of a deceased minor (who could not consummate marriage) attributed to the deceased minor?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
The lineage of a child born to the wife of a minor who died before reaching the age of consummation is not attributed to the deceased minor. Furthermore, her waiting period (Iddah) is not terminated upon giving birth. She must complete the Iddah by months. This is the position held by Malik and Al-Shafi'i.
Supporting text
Abu Hanifa holds that if the deceased minor left behind an apparent pregnancy, she must complete her Iddah by giving birth. If the pregnancy becomes apparent only after his death, she does not complete her Iddah by delivery. A narration from Ahmad supports Abu Hanifa's view, although Ibn Abi Musa mentioned it, and Al-Khattab considered it weak.