Can the husband initiate li'an if he accuses a non-wife and does not wish to deny paternity?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband accuses one of these non-wife categories and does not intend to deny paternity, Al-Qadi states he may perform li'an to negate paternity, a view shared by Al-Shafi'i and seemingly by Ahmad regarding slave women and women of the Book, whether or not there is offspring. This is supported by the incident of Hilal ibn Umayyah, who accused his wife, and the Prophet sent for her to engage in li'an without her demanding it. Furthermore, he is in need of negating the lineage, so a means to do so is legislated, just as if she had demanded it. The negation of false lineage is a right belonging to him and is not forfeited by her consent to the child, similar to when she demands li'an but consents to the child's existence.
Supporting text
Al-Qadi states that if the husband accuses his wife, and there is no lineage to deny, he cannot initiate the li'an without his wife demanding it. This applies also if he brings proof of her adultery, she pardons him for the accusation, or he has already inflicted the hadd upon her and then wishes to perform li'an without a lineage to negate. This is the position of the majority of scholars. Some Shafi'is suggest he may perform li'an to invalidate the marital bond, though the correct position among them aligns with the majority, as invalidating the bond is achieved through divorce, and perpetual prohibition is not the legislated goal of li'an, but an incidental result.