What is the ruling when a husband accuses a woman other than his chaste wife (such as a woman of the Book, a slave woman, an insane woman, or a minor)?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband accuses a woman who is not a chaste, free Muslim wife (such as a Kitabiyyah, slave girl, insane woman, or child), he must receive discretionary punishment (ta'zir) because he has brought disgrace upon her. He is not subjected to the full hadd because of her deficient status, and no declaration of transgression or rejection of testimony results, as the full hadd is not incurred.
Supporting text
Al-Qadi argues that the husband cannot avert this ta'zir through li'an, as li'an is prescribed either for negating lineage or warding off the hadd, neither of which applies here. Al-Shafi'i maintains that he can avert it through li'an, reasoning that if he can waive the greater punishment (hadd) through li'an, waiving the lesser one (ta'zir) is more appropriate. Al-Qadi counters that the purpose for establishing li'an to prevent severe harm (hadd) does not necessitate its application to prevent lesser harm, using the example of accusing a child woman where the ta'zir is for insult and injury, which cannot be averted by li'an.