What is the ruling if a person accuses his wife (zawjah) of adultery, is punished, and then repeats the accusation concerning the same adultery?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a man accuses his wife, is punished, and then repeats the accusation concerning the same adultery, he is not punished again for the Hadd. This follows the principle established for repeating the accusation against a non-relative after the Hadd has been applied: his falsehood is already established. Instead, he is subject to discretionary punishment (ta'zir) for abuse and insult, and the Li'an cannot negate this ta'zir because it is a punishment for abuse, not for the Hadd of accusation.

Supporting text

However, according to the narration which mandates a second Hadd for a non-relative upon repeating the accusation, a second Hadd would be incumbent upon the husband in this case, and he could negate it through Li'an.