Section 2: The consequent rulings for imprecation and the renunciation of oath

1- The consequent rulings for the imprecation
a. The husband denying the pregnancy of his wife: If a husband imprecates his wife while she is pregnant and he denies that she is pregnant from him, the child is deemed not his [204] Maliki and Shafi’i Madhabs stipulate that denial needs to be immediate, and it should not be delayed except if there is a valid excuse. . This is the view of Maliki and Shafi’i Madhabs and one of the views in the Hanbali Madhab which Ibn Qudaamah favoured, and the view of Ibn al-Qayyim, al-Sanaa’anee, al-Shawkaanee, al-Shanqeetee, and Ibn ‘Uthaymeen.
b. The husband denying being the father of the children: The four Madhabs [205] Maliki, Shafi'i, and Hanbali Madhabs stipulate that denial needs to be immediate, and it should not be delayed except if there is a valid excuse. agree that in the event where the husband imprecates his wife and denies that he is the father of the child, then the child is ruled not to be his
c. The fixed punishment for accusing a woman of adultery will be imposed upon the husband: The four Madhabs hold the view that the fixed punishment for accusing women of adultery is inapplicable to the husband due to imprecation.
d. The fixed punishment for committing adultery is not applied to the accused wife:  The four Madhabs hold the view that the fixed punishment for adultery is not applied to the wife due to imprecation.
e. The wife is forbidden to the husband for life: The majority of scholars hold the view that after imprecation, the wife becomes unlawful for the husband to marry permanently. This is view of the Maliki, Shafi’i, and Hanbali Madhabs, and the view of Abu Yusuf from the Hanafi Madhab.

2- The consequent rulings for refusing to take the oath [206] Renunciation of oath (Nukool) means refraining from taking an oath. during imprecation by the husband or wife

a. If the wife refuses to take the oath: The fixed punishment for adultery will be imposed upon the wife. This is the view of Maliki and Shafi’i Madhabs and the view of some Hanbali scholars, and it is the view of most scholars, and the view of Ibn Hazm, Ibn Taymiyyah, Ibn al-Qayyim, and Ibn ‘Uthaymeen.

b. If the husband refuses to take the oath:  The majority of scholars, namely the Maliki, Shafi’i and Hanbali Madhabs, hold the view that the fixed punishment for accusing a woman of adultery will be imposed upon the husband.