May a husband initiate the *li'an* process if the wife did not demand the prescribed punishment (*hadd*) during her lifetime?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the wife did not demand the *hadd* during her lifetime, the husband is not permitted to pronounce the *li'an*, regardless of whether there is a child he wishes to negate or not, because there is no need for it as the *hadd* is not incumbent without her demand.
Supporting text
Al-Shafi'i holds that if there is a child whom the husband wishes to negate, he retains the right to pronounce *li'an*. Furthermore, the followers of Al-Shafi'i state that if the wife has an heir other than the husband, the heir may initiate *li'an* to shield themselves from liability, but otherwise, they cannot due to the lack of necessity.