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Is it permissible for a wife who was forced to conceive a child through rape in front of her paralyzed husband to keep and raise the child, despite her husband's rejection and his inability to bear the sight of him? And is it permissible for the husband to force her to give him up? To whom is this newborn attributed?

1 min readAlso available in العربية

The general rule is that every child born on the marital bed is attributed to the husband, and the husband cannot deny the child's lineage except through li'an (oath of condemnation). Scholars have differed on the validity of li'an to deny paternity without accusing the woman of adultery. If the child's lineage is denied through li'an, the child's lineage from the husband is negated, and the child is not attributed to the fornicator or anyone else. The child's lineage remains with the mother, and her custody is established for the child. The husband has the right to refuse the child remaining with them, unless the child has no one to care for them other than their mother.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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