Is a man permitted to perform the Mula'anah (mutual imprecation) against his wife after he has divorced her following an accusation of adultery?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
The ruling permits the man who accused his wife of adultery and subsequently divorced her to still perform the Mula'anah, regardless of whether they had a child from the marriage or not. This view is established by Ahmad ibn Hanbal and is held by Ibn Abbas, Al-Hasan, Al-Qasim ibn Muhammad, Mak'hul, Malik, Al-Shafi'i, Abu Ubaid, Abu Thawr, and Ibn al-Mundhir. The primary evidence is the general text of the Quran concerning those who accuse their spouses: {And those who accuse their spouses} (Quran 24:6). Since he accused his wife, this verse applies to him. Furthermore, if he does not perform the Mula'anah, the prescribed punishment (Hadd) for slander becomes obligatory based on the generality of the statement: {And those who accuse chaste women and then do not bring four witnesses, flog them eighty lashes} (Quran 24:4). The logic holds that since he slandered his wife, he must retain the right to perform Mula'anah, just as if they were still married at the time of the accusation.
Supporting text
A minority view, held by Al-Harith Al-Ukli, Jabir ibn Zayd, Qatadah, and Al-Hakam, maintains that the husband should be subjected to the lashing punishment (Hadd). Another opinion held by Hammad ibn Abi Sulayman and the Ahl al-Ra'y states that neither the Hadd nor the Mula'anah is applicable, arguing that Mula'anah is only valid between a current husband and wife, which they are not, and the Hadd is not due because he did not slander an unrelated foreign woman.