Can a sane husband perform Lian against his insane wife when there is no child?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
Kharaqi stated that the husband should not address the issue until his wife demands it. This is the view of the Companions of Ra'y (Iraqi jurists), arguing that since she is one of the spouses, Lian is not legislated with her insanity, just as it is not with his insanity. Furthermore, Lian by the husband alone does not negate paternity, rendering its legislation useless.
Supporting text
Al-Qadi holds that he may perform Lian to deny paternity because he has a need to negate it, so the means for negation should be established. Al-Shafi'i holds that he may perform Lian. The apparent position in Al-Shafi'i's Madhhab is that he may perform Lian even without a child, due to the generality of the verse, 'And those who accuse their spouses' (Quran 24:6). This is because he is a responsible husband accusing his wife, from whom children can be born, thus he may perform Lian as if she were sane.