What is the ruling when a husband alleges his wife had intercourse with a specific man under misconception?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the husband states, 'So-and-so had intercourse with you through misconception, and you were aware of the situation,' he has slandered his wife, and he is entitled to initiate Li'an and negate the child's lineage. This is supported by the principle that he has accused his wife of adultery, thereby gaining the right to Li'an and paternity denial, just as if he had said, 'So-and-so committed adultery with you.'
Supporting text
Al-Qadi and the companions of Al-Shafi'i hold that he cannot negate the lineage through Li'an because it is possible to negate the lineage by presenting the child to the genealogists (Qafah), making Li'an legislatively unnecessary, similar to cases where the paternity is merely suspected. The counterargument is that this view is flawed because a genealogist might not be available, the accused man might deny the accusation, or he might be absent or deceased, thus failing to negate the child's lineage.