What is the ruling regarding a man who divorces his wife and then accuses her of adultery (zina) while attributing the act to the period of their marriage?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
If a man divorces his wife and subsequently accuses her of adultery, attributing the act to the time she was his wife, the ruling follows the previous, related issue. If there is a child between them whom he wishes to negate paternity from, he may engage in *li'an* (mutual cursing). If there is no child, he must administer the prescribed legal punishment (*hadd*) for slander, and *li'an* is not performed. This is the opinion held by Malik and Al-Shafi'i. The basis for this ruling in both schools is as previously detailed (concerning a current wife). When *li'an* is performed to negate a child, the paternity is negated, and the *hadd* punishment against the accuser is dropped.
Supporting text
Abu Hanifa holds that the *hadd* punishment must be administered, the child remains legitimately affiliated (attributed to him), and *li'an* is not performed. This is also the view of 'Ata'. 'Uthman al-Buti stated that he has the right to perform *li'an* even if there is no child between them. It is narrated from Ibn 'Abbas and Al-Hasan that he may perform *li'an* because the slander is attributed to the period of marriage, resembling the case where she is still his wife.