What is the ruling on a woman accusing her husband of adultery?
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The questioner : Shaykh, as you have graciously mentioned, the rulings concerning the man also concern the woman, and you mentioned the ruling on accusing chaste women. If a woman accuses her husband, is her ruling measured by the ruling of the man who accuses his wife? And if the answer is that there is a distinction, what is the evidence, may Allah bless you, for this distinction?
The Shaykh : Yes, there is a difference between a man who accuses his wife and a woman who accuses her husband. If a man accuses his wife, he is not required to provide proof; rather, it is said to him: either you establish proof, or the woman admits it, or you engage in mutual oath-swearing (li'an). As for a woman who accuses her husband, we say: establish proof, or the husband admits it, or you are subjected to the punishment for false accusation of adultery (qadhf). There is no mutual oath-swearing in this case. The evidence for this is that Allah said:[An-Nur 24:6] so He specified that to men.
Second, this is a specification from a generalization, and specification from a generalization does not necessitate the exclusion of the remaining individuals from the ruling, so the woman falls under the ruling of one who accuses a chaste person.
Third, it is very difficult for a man to accuse his wife of adultery unless he is certain of it, because his accusation of her with adultery causes people to doubt whether his children are his or not, and it is a great disgrace upon him. So much so that the Messenger (peace and blessings be upon him) permitted a man, if he finds a person with his wife—may Allah protect us from that—to strike him with a sword without warning and to cut him into pieces. As for the woman, she does not care about accusing her husband of adultery, and she may suspect him due to the many intrusive thoughts she has, and she wants to get rid of him, so she says to the judge: "Establish mutual oath-swearing between me and him so that I can swear the oaths and get rid of him." Therefore, it is not correct to equate the woman with the man in this issue. Yes.
The questioner : May Allah bless you, Shaykh.
The Shaykh : Yes, there is a difference between a man who accuses his wife and a woman who accuses her husband. If a man accuses his wife, he is not required to provide proof; rather, it is said to him: either you establish proof, or the woman admits it, or you engage in mutual oath-swearing (li'an). As for a woman who accuses her husband, we say: establish proof, or the husband admits it, or you are subjected to the punishment for false accusation of adultery (qadhf). There is no mutual oath-swearing in this case. The evidence for this is that Allah said:
And those who accuse their wives
وَالَّذينَ يَرمونَ أَزواجَهُمaccuse their wives
يَرمونَ أَزواجَهُمSecond, this is a specification from a generalization, and specification from a generalization does not necessitate the exclusion of the remaining individuals from the ruling, so the woman falls under the ruling of one who accuses a chaste person.
Third, it is very difficult for a man to accuse his wife of adultery unless he is certain of it, because his accusation of her with adultery causes people to doubt whether his children are his or not, and it is a great disgrace upon him. So much so that the Messenger (peace and blessings be upon him) permitted a man, if he finds a person with his wife—may Allah protect us from that—to strike him with a sword without warning and to cut him into pieces. As for the woman, she does not care about accusing her husband of adultery, and she may suspect him due to the many intrusive thoughts she has, and she wants to get rid of him, so she says to the judge: "Establish mutual oath-swearing between me and him so that I can swear the oaths and get rid of him." Therefore, it is not correct to equate the woman with the man in this issue. Yes.
The questioner : May Allah bless you, Shaykh.