Is a man considered a defamer (li'an) if he accuses his wife of adultery or sees her naked and demands that she take an oath?
A husband is not permitted to accuse his wife of adultery without proof. If he does so, he is obligated to do one of two things: either present four witnesses or perform li'an with her. If he fails to do so, he incurs the penalty for false accusation (hadd al-qadhf) which is eighty lashes, and he is deemed an evildoer (fasiq). A man's statement to his wife, "Someone saw you naked," is not an accusation (qadhf) that necessitates li'an, but it is a bad statement that requires seeking forgiveness if he has no proof. However, his explicit declaration that she "committed adultery" is a clear accusation (qadhf sarīh).
The right to hadd al-qadhf belongs to the accused, and it is waived if they forgive. Li'an is not merely an accusation; rather, it involves solemn oaths and confirmed testimonies between the spouses before a judge if the husband accuses his wife of adultery without proof and the wife denies it. It necessitates separation, unlike qadhf alone. The husband is obligated to fear Allah and not accuse his wife except with proof, for commendable jealousy is that which arises from suspicion, while anything else is disliked.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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