What is the legal implication if a husband accuses his wife of adultery with a specific man?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a husband accuses his wife of adultery with a specific man, he has accused both of them. If the husband performs the related oath (Lia'an), the prescribed punishment (Hadd) is waived for both the wife and the man she was accused with, regardless of whether the husband mentions the man in his oath or not. If the husband does not perform the Lia'an, either the wife or the accused man has the right to demand the punishment be applied. If one demands it, the punishment is applied to the accuser; if neither demands it, no punishment is applied, similar to when a man accuses another man of adultery with a specific woman.

Supporting text

Abu Hanifa and Malik agreed with this ruling, except they held that the husband's Hadd is not waived by the wife's performance of the Lia'an.