DOUBLE PATERNITY DILEMMA: RESOLVING LEGAL COMPLEXITIES IN HETEROPATERNAL SUPERFECUNDATION CASES UNDER ISLAMIC LAW

Abstract

This article delves into the legal ambiguity surrounding heteropaternal superfecundation cases, a phenomenon where twins are conceived with different biological fathers. It reassesses the legal standpoint presented by classical jurists concerning the impossibility of double paternity. This belief led them to suggest legal consequences for a husband denying one of the twins. The article adopts doctrinal research methodology. It finds that the strict application of classical rulings on the subject matter may lead to a miscarriage of justice. This is because the punishment advocated by early jurists was rooted in the cause or rationale of the impossibility of double paternity. The article concludes that Islamic law highly discourages paternity denial and, therefore, recommends that resorting to imprecation/li’ān is the preferred opinion when one of the twins is denied.