When is the judge permitted to separate mutually imprecating spouses following the completion of their imprecations?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the separation is established solely by their mutual imprecation, it can only occur after both have completed the imprecation. If the separation requires the judge's decree, the judge is not permitted to separate them until they have both fully completed their imprecations; any separation before this is void. This latter view is held by Malik. The Prophet (peace be upon him) separated them without seeking their consent after the completion of the process, indicating the judge may proceed without their permission once the reason is established.
Supporting text
Abu Hanifa and Muhammad bin Al-Hasan state that if the judge separates them after each has performed three imprecations, the ruling opposes the Sunnah, but the separation is valid. If the separation occurs with fewer than three imprecations, it is void, because the completion of three by one party (the maximum) should govern the ruling.