What is the legal consequence if a husband establishes adultery through testimony first?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband first establishes the adultery via testimony, the adultery and its resulting penalty are established, but the child's lineage is not negated, as paternity is not automatically negated solely by the act of adultery.
Supporting text
The husband may subsequently initiate Lian if there is no child whose lineage he wishes to negate, as the necessity for Lian (negating lineage) has been removed because the penalty was established through evidence. However, if there is a child whose lineage he wishes to negate, then according to the position of the Qadi, he retains the right to initiate Lian.