What is the ruling if a husband accuses his adult, free, Muslim wife of adultery without witnesses?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a husband accuses his adult, free, Muslim wife of adultery, saying, 'You have committed adultery,' or 'O adulteress,' or 'I saw you committing adultery,' and he does not bring four witnesses, the Hadd punishment for slander must be inflicted upon him if he does not engage in mutual imprecation (Li'an). This ruling applies whether the husband is Muslim or a disbeliever, free or a slave.

Supporting text

The condition of the wife being an adult, free Muslim, as stated in some contexts, might be a prerequisite only for the obligation of the Hadd punishment upon the husband if he were to make a standard slander accusation against a non-spouse, and thus necessary for the Li'an intended to avert that Hadd. The husband, however, is subject to Hadd for slandering a chaste woman even if he is a non-Muslim or a sinner.