Does accusing one's wife of adultery through anal intercourse necessitate Li'an?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 2 · Bab 1

Open in Qurani

Primary text

Accusing one's wife of adultery committed through anal intercourse necessitates Li'an. This view is held by Shafi'i. The basis for this is that he accused his wife of sexual intercourse with her private part (farj), which parallels accusing her of intercourse through the vagina.

Supporting text

Abu Hanifa holds that Li'an is not established by accusing one's wife of adultery through anal intercourse. He bases this on his principle that such an act does not incur the prescribed punishment (hadd) for illicit sexual intercourse.