Is Li'an permissible if the wife has not consummated the marriage (not makhdul biha)?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
Li'an is valid between spouses even if the wife has not been consummated (non-consummated divorce). Ibn al-Mundhir reported consensus on this among scholars whose views are known, including 'Ata, al-Hasan, al-Sha'bi, al-Nakh'i, 'Amr ibn Dinar, Qatadah, Malik, the people of Madinah, al-Thawri, the people of Iraq, and al-Shafi'i, based on the general meaning of the verse concerning those who accuse their spouses (Quran 24:6).
Supporting text
In the case where the wife has not been consummated, she is entitled to half of the dower because the separation results from his imprecation. However, there is another narration suggesting she is entitled to no dower because the separation arises from the mutual Li'an, likened to a separation due to a defect in either party.