What is the recourse for a husband who accuses his wife of adultery and possesses evidence (witness testimony)?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a husband accuses his wife of adultery and possesses valid evidence proving her adultery, he has the choice between initiating the process of mutual imprecation (Lian) or presenting his evidence (the testimony). This choice exists because both constitute valid proofs, granting him the discretion to pursue whichever he prefers, similar to a creditor who has two witnesses or one witness plus two women. Each path yields a distinct legal consequence: Lian results in the negation of the child's lineage, which evidence alone does not achieve, while evidence establishes the adultery and justifies the prescribed punishment (Hadd), which Lian does not secure.