Is mutual cursing (Li'an) established if the husband claims intercourse occurred through a misconception or force?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband states that intercourse occurred through a misconception or force, Li'an is not established because the essential prerequisite, which is clear accusation of voluntary adultery (qadhf), is absent. The basis for Li'an being legislated is after a charge of adultery, as indicated in the Quran (Quran 20:6) concerning those who accuse their wives without witnesses. The Prophet (peace be upon him) only engaged in Li'an after clear accusation, as seen in the cases of Hilal and 'Uwaymir al-'Ajlani. Furthermore, Li'an results in the complete nullification of the child's lineage from both parties, which is not fully achieved in these ambiguous scenarios, especially since the woman cannot initiate Li'an here.
Supporting text
Al-Qadi mentions an alternative narration in the case of being forced into fornication, suggesting Li'an is permissible because the husband needs to negate the lineage, unlike the case of misconception where lineage can potentially be negated through expert testimony (Qafah). This latter view aligns with Al-Shafi'i’s school. However, the primary view holds that Li'an is only negated when the lineage can be disproved by means other than Li'an, such as the testimony of the professional genealogist (Qafah), similar to the case of the slave woman whose child's lineage can be negated by claiming a waiting period (Istibra').