Is it legislatively recommended to intensify the format of Li'an (mutual imprecation) based on specific times or places?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
Intensifying the format of Li'an based on specific times or places is not legislatively recommended. This view is held by Al-Qadi and Abu Hanifa, based on the premise that Allah the Exalted issued the command for Li'an generally, without imposing specific temporal or spatial restrictions, which means such restrictions cannot be established except through definitive textual evidence. Furthermore, the Prophet (peace be upon him) commanded the man to bring his wife for Li'an without specifying a time, and if such specification had been necessary, it would have been transmitted. Abu al-Khattab holds that it is recommended to perform the mutual imprecation in times and places deemed great or sacred. This aligns with the view of Al-Shafi'i, although Al-Shafi'i himself has two opinions regarding spatial intensification: one stating it is recommended, and the other stating it is obligatory, basing the latter on the Prophet's (peace be upon him) action of performing Li'an near the pulpit (Minbar), which is considered a clarification of the required procedure.
Supporting text
Spatial intensification means performing the Li'an between the Rukn (corner) and the Maqam (station) in Mecca, near the Minbar of the Prophet (peace be upon him) in Medina, near the Rock in Jerusalem, and in the main mosques (Jawaami') in other cities. Temporal intensification occurs after the Asr prayer, evidenced by the verse: {Then let them both swear by Allah after the prayer} (Quran 5:106), where commentators unanimously agree that "the prayer" refers to the Asr prayer. Abu al-Khattab suggested the time could also be between the two calls to prayer (Adhanayn) because supplication during that interval is not rejected, but the initial view is considered correct, as the Prophet's (peace be upon him) practice would have been transmitted had this been obligatory.