What is the ruling if a man accuses his wife, and she refuses to undergo Li'an?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a man performs Li'an against his wife and she refuses to perform the reciprocal Li'an, she does not incur the Hadd punishment. This view is held by al-Hasan, Awza'i, and Ashab al-Ra'y. The supporting evidence for this position is that the condition for averting the punishment (al-'adhab) is her testimony (her four oaths), implying that without her testimony, the punishment is not averted, meaning the Hadd is not automatically established.
Supporting text
A majority view, including Malik, Shafi'i, and Ibn al-Mundhir, holds that the Hadd is due because by his Li'an, the husband establishes her adultery, similar to four witnesses testifying. This is based on Quran 24:8, which states that her testimony wards off the punishment, implying that if she does not testify, the punishment is not warded off. However, the counter-argument maintains that her adultery is not definitively established without her participation, as the man's Li'an alone does not suffice for establishing the Hadd, nor does her mere refusal to swear the oath.