Written by: Imran Ayub Lahori
If a husband accuses his wife of adultery and fails to produce witnesses, then the ḥadd (punishment) for qadhf becomes obligatory upon him. However, if he performs liʿān (mutual cursing), the ḥadd is waived.
This is evident from the case of Hilāl ibn Umayyah رضي الله عنه, who accused his wife of adultery. The Prophet ﷺ said to him:
«البَيِّنَةَ وَإِلَّا الحَدُّ فِي ظَهْرِكَ»
“Bring proof, otherwise the ḥadd will be on your back.”
When the verses of liʿān were revealed and he completed liʿān, the Prophet ﷺ waived the ḥadd from him.
References:
Ṣaḥīḥ al-Bukhārī (4747)
Sunan Abī Dāwūd (2256)
Musnad Aḥmad (1/238)
(1) Majority (Jumhūr):
If the husband does not produce witnesses, the ḥadd applies, unless he performs liʿān — in which case it is waived.
(2) Abū Ḥanīfah رحمه الله:
If a husband accuses his wife, only liʿān is obligatory; the ḥadd is not applied.
al-Ḥāwī lil-Māwardī (11/11)
al-Mabsūṭ (7/39)
Nayl al-Awṭār (4/371)
Preferred Opinion:
The view of the majority is the stronger opinion.
al-Lubāb fī ʿUlūm al-Kitāb – Tafsīr al-Qurʾān (14/303)
If a husband accuses his wife of adultery and fails to produce witnesses, then the ḥadd (punishment) for qadhf becomes obligatory upon him. However, if he performs liʿān (mutual cursing), the ḥadd is waived.
This is evident from the case of Hilāl ibn Umayyah رضي الله عنه, who accused his wife of adultery. The Prophet ﷺ said to him:
«البَيِّنَةَ وَإِلَّا الحَدُّ فِي ظَهْرِكَ»
“Bring proof, otherwise the ḥadd will be on your back.”
When the verses of liʿān were revealed and he completed liʿān, the Prophet ﷺ waived the ḥadd from him.
References:
Ṣaḥīḥ al-Bukhārī (4747) Sunan Abī Dāwūd (2256) Musnad Aḥmad (1/238)Scholarly Opinions
(1) Majority (Jumhūr):
If the husband does not produce witnesses, the ḥadd applies, unless he performs liʿān — in which case it is waived.
(2) Abū Ḥanīfah رحمه الله:
If a husband accuses his wife, only liʿān is obligatory; the ḥadd is not applied.
al-Ḥāwī lil-Māwardī (11/11) al-Mabsūṭ (7/39) Nayl al-Awṭār (4/371)Preferred Opinion:
The view of the majority is the stronger opinion.
al-Lubāb fī ʿUlūm al-Kitāb – Tafsīr al-Qurʾān (14/303)