What are the prerequisites for the validity of mutual imprecation (Li'an) between spouses?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
Mutual imprecation (Li'an) is valid between every mature, accountable couple, irrespective of whether they are Muslims or disbelievers, righteous or wicked, or even if one party has been subjected to the Hadd punishment for slander. This view is held by Sa'id ibn al-Musayyib, Sulayman ibn Yasar, al-Hasan, Rabi'ah, Malik, and Ishaq. Ahmad, in one narration, states that all spouses engage in Li'an: a free man against a free woman, a slave against a slave woman if she is his wife, and a Muslim man against a Jewish or Christian wife. The basis for this expansive view is the general application of the verse concerning those who accuse their spouses (Quran 24:6) and the fact that Li'an functions as an oath (yamin), not being restricted by the conditions applied to testimony. Evidence supporting its nature as an oath includes the Prophet's statement: "Were it not for oaths, there would have been a different matter between me and her."
Supporting text
A dissenting opinion holds that Li'an is valid only between two Muslim, righteous, free spouses, who have not been subjected to the Hadd punishment for slander. This view is attributed to al-Zuhri, al-Thawri, al-Awza'i, Hammad, and the People of Opinion (Ashaab ar-Ra'y). Another view suggests no Li'an occurs between a Muslim man and a Dhimmi woman. Concerning one already punished for slander (mahdud fi qadhf), the view exists that they receive the prescribed punishment first, and Li'an is not performed, based on the contention that Li'an is testimony, and one disqualified from giving testimony cannot perform it.