What is the ruling when a non-responsible husband accuses his non-responsible wife of adultery?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If the wife is a child incapable of intercourse, the accuser receives no fixed punishment (Hadd) for the accusation because his statement is known to be false, absolving her honor. However, he receives discretionary corporal punishment (Ta'zir) for abusive language (Sabb), which does not require her demand, as it is for his correction, and the ruler may implement it as deemed necessary.
Supporting text
If the wife is one with whom intercourse is possible (e.g., nine years old), the Hadd is incumbent upon the accuser. Her guardian or she cannot demand the Hadd until she reaches puberty. Upon reaching puberty and demanding it, she is entitled to the Hadd, which the husband may avert through Lian. The husband cannot perform Lian before her puberty because Lian is intended to avert Hadd or deny paternity, neither of which applies before she matures. If she bears a child, her puberty is established, as pregnancy implies her seminal maturity.