Initiating Li'an When a Woman Accuses Her Husband
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. You mentioned in your explanation of the hadith of Ibn 'Umar regarding li'an (mutual oath-swearing in an accusation of adultery) that the li'an begins with the man. So, if a woman accuses her husband, does the man begin, or the woman?
The Shaykh:
No, what has been transmitted is that the punishment for false accusation (qadhf) is established based on the woman's accusation. No, rather, this is only in the case of the man's accusation. Yes. To complete the previous answer: if he repents after the li'an, the right belongs to the wife. She either contacts him and permits him, or she demands that the punishment for false accusation be carried out against him. The right is hers. Yes.
He says: Honorable Shaykh, may Allah grant you success. You mentioned in your explanation of the hadith of Ibn 'Umar regarding li'an (mutual oath-swearing in an accusation of adultery) that the li'an begins with the man. So, if a woman accuses her husband, does the man begin, or the woman?
The Shaykh:
No, what has been transmitted is that the punishment for false accusation (qadhf) is established based on the woman's accusation. No, rather, this is only in the case of the man's accusation. Yes. To complete the previous answer: if he repents after the li'an, the right belongs to the wife. She either contacts him and permits him, or she demands that the punishment for false accusation be carried out against him. The right is hers. Yes.
Source
شرح عمدة الأحكام، باب العدّة - كتاب اللّعان — islamhouse.com (46:43)
The Arabic text is a machine transcription of the audio recording.