Is the obligation of punishment waived for the husband if only the wife demands the Hadd after accusation?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband does not perform the Lia'an, the punishment is applied only if one party demands it. If the wife does not demand the punishment, the husband is not punished, provided the husband did not perform the Lia'an.
Supporting text
Some scholars among our companions held that the accusation is solely against the wife, and no right to demand punishment or apply the Hadd pertains to anyone else. They cite the precedent where Hilal ibn Umayyah accused his wife with Shurayk ibn Sahma, yet the Prophet (peace be upon him) did not administer Hadd or penalize him.