Does the delivery of a child terminate the Iddah of a widow whose conception occurred after the dissolution of the first marriage?
General Chapter
Al-Mughni
Book of Waiting Periods ('Iddah)
Primary text
There are two differing views on whether the delivery of the child terminates the waiting period (Iddah) for a woman whose conception is established to be after the marriage bond was severed by death. Al-Qadi affirms that the Iddah terminates upon delivery, following Al-Shafi'i, as the child could conceivably be attributed to the deceased via preceding suspect intercourse or a renewed contract.
Supporting text
The opposing view, supported by the concluding reasoning, suggests the Iddah does not terminate upon delivery because the possibility of the child being attributed to the deceased is insufficient for establishing paternity, even though possibility is generally enough for attribution, hence it is insufficient for terminating the Iddah.