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The question

What should a husband do if he travels for a long time and returns to find his wife pregnant, and he doubts the child's paternity?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The prevalent view is that a pregnancy does not last in the mother's womb for more than one lunar year. However, Islamic law may override the general rule out of mercy for people, and present the rare case. This includes invalidating the common assumption that most births occur after nine months and establishing the possibility of a prolonged pregnancy, out of mercy for people and to preserve their honor.

Accordingly, if a man is absent from his wife for a period that falls within the times mentioned by jurists for the embryo to remain in its mother's womb (such as two, three, or four years), and there are indications of her truthfulness (such as her chastity or the testimony of those close to her that the pregnancy persisted for this duration), the child is attributed to her husband, especially given the documented rare cases of prolonged pregnancies.

However, if there are indications of the woman's dishonesty, and the husband doubts her, he has the right to disavow the child through li'an immediately upon its birth. If he does not disavow it through li'an, then it is his child.

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Ftawy
Original fatwa ID
4697
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