What is the ruling if a person accuses a non-relative (ajnabiyyah) of adultery, marries her, and then accuses her again?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a person accuses a non-relative (ajnabiyyah) of adultery, marries her, and then accuses her again, he is subject to the Hadd for the first accusation only, and nothing is due for the second accusation. This view is attributed to Abu Bakr, Zuhri, Thawri, and the Ashab al-Ra'y. The reasoning is that even if he accused her twice while she was a non-relative, only one Hadd would be due. If the first accusation was of adultery, he owes only one Hadd which is only dropped by clear evidence (bayyinah). If the second accusation is of a different act of adultery, the ruling depends on the established narrations concerning accusing a non-relative twice, for which there are differing opinions regarding whether one or two Hadds are due.
Supporting text
If the woman demands the ruling related to the second accusation and provides evidence or undergoes the Li'an (mutual cursing) process, the punishment for the second accusation is dropped. If she does not, the Hadd for the second accusation becomes due because its cause (the act of adultery) is different from the first. If she demands the ruling for the second first, and proves it or undergoes Li'an, the first accusation's penalty is dropped, but she can still demand the ruling for the first accusation. If the accuser provides evidence for the first, the first Hadd is dropped, but if he does not, he is punished for the first. The view adopted by the Qadi is that providing evidence for the second accusation drops the requirement for the first, based on the premise that her status as muhsana is negated, thereby negating the Hadd for married women. The counter-argument is that negating her chastity in the second instance does not negate the previous state.