Written by: Imran Ayub Lahori
The prescribed procedure in liʿān is to begin with the man, as this is the sequence mentioned in the Qur’ān, and also established in the ḥadīth:
فبدأ بالرجل
“The Prophet ﷺ began with the man.”
References:
Musnad Aḥmad (2/19)
Ṣaḥīḥ al-Bukhārī (5307) – Kitāb al-Ṭalāq, Bāb Yabdaʾ al-Rajul bi al-Talāʿun
Imām al-Shāfiʿī رحمه الله:
He considered this sequence obligatory.
Imām Abū Ḥanīfah رحمه الله:
In his view, it is also valid if liʿān begins with the woman.
Reference:
Nayl al-Awṭār (4/367)
The prescribed procedure in liʿān is to begin with the man, as this is the sequence mentioned in the Qur’ān, and also established in the ḥadīth:
فبدأ بالرجل
“The Prophet ﷺ began with the man.”
References:
Musnad Aḥmad (2/19) Ṣaḥīḥ al-Bukhārī (5307) – Kitāb al-Ṭalāq, Bāb Yabdaʾ al-Rajul bi al-TalāʿunScholarly Opinions
Imām al-Shāfiʿī رحمه الله:
He considered this sequence obligatory.
Imām Abū Ḥanīfah رحمه الله:
In his view, it is also valid if liʿān begins with the woman.
Reference:
Nayl al-Awṭār (4/367)