What is the ruling concerning a husband who falsely accuses his wife of adultery (*qadhf*) and subsequently retracts his statement?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a husband accuses his wife of adultery and then admits his accusation was false, the prescribed legal punishment (*hadd*) for slander is obligatory upon him, regardless of whether he retracts before or after the mutual imprecation (*li'an*). This is the position held by Al-Shafi'i, Abu Thawr, and the scholars of the Opinion School, and no opposition to this view is known. The basis for this is that the *li'an* substitutes for legal testimony (*bayyinah*) regarding the husband's claim. When he admits his own statement was false, it becomes clear that his imprecation was a lie and an additional act of defamation and repetition of the slander. Therefore, at minimum, the penalty prescribed for the original slander must be enforced.
Supporting text
If the husband attempts to retract his retraction, claiming he possesses proof of her adultery, or seeks to avert the punishment by recourse to the *li'an*, his claim is not accepted, because both testimony and *li'an* serve to establish what he asserted. Having already admitted his statement was false, his subsequent contradiction is disregarded. This ruling applies when the accused woman is married (*muhsanah*). If she is not married (*ghayr muhsanah*), then discretionary punishment (*ta'zir*) is incumbent upon him.