Is the husband entitled to perform Li'an if he falsely accuses his wife of adultery after marriage, attributing the adultery to the period prior to their marriage, even if they have a child?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a man marries a woman and then accuses her of adultery, attributing the act to the time before the marriage, the Hadd is required, and Li'an is not performed, whether or not they have a child. The reasoning is that the accusation pertains to a state of separation (*baynūnah*), similar to when he accuses a woman who is irrevocably divorced. The procedure of Li'an is necessary for a husband because the accusation wounds him and implies betrayal, or it is necessary to negate paternity if a child exists. In this case, by marrying her while knowing of her alleged prior adultery, the husband is the one who acted carelessly (*mufarrit*) by entering a marriage with a woman pregnant from adultery; therefore, the means to negate paternity via Li'an is not legislated for him.
Supporting text
Al-Hasan, Zurārah ibn Abī Awfā, and the Companions of the Opinion (*Aṣḥāb al-Ra’y*) hold that the husband has the right to invoke Li'an because he is accusing his wife, thus falling under the general scope of the verse regarding those who accuse their spouses (Quran 24:6). Furthermore, since he is accusing his wife, this resembles the case where he accuses her without attributing it to the pre-marital period. Al-Sharīf Abū Ja'far narrated another narration from Ahmad concurring with this view. Al-Shāfi'ī stated that if no child exists, Li'an is not performed, but if a child exists, there are two views.