Liʿān (لعان)
Definition and Etymology
Liʿān (لعان) is an Arabic term that translates to “mutual cursing.” It is a specific form of divorce in Islamic law that is triggered by accusations of adultery. The term derives from the root word لعن (la’ana), which means “to curse.”
Legal Procedure
Liʿān occurs under the following circumstances:
- Accusation: When a husband accuses his wife of adultery but cannot substantiate the accusation with four witnesses as required by Islamic law.
- Oath by Husband: The husband must swear four times before God that he is truthful in his accusation and then invoke a curse upon himself, saying: “If I am a liar, may God curse me.”
- Oath by Wife: The wife, in response, swears four times that the accusation is false and then invokes a curse upon herself, saying: “May God’s anger be upon me if this man is telling the truth.”
- Automatic Divorce: Following these declarations, the marriage is dissolved automatically.
This process is outlined in the Qur’an, specifically in Sūrat an-Nūr (Chapter 24, Verse 6), and is detailed in various Hadith texts, such as the Mishkāt, Book XIII, Chapter XV.
Legal Implications
- In cases of Liʿān, the woman retains the right to claim her dower (mahr).
- There are specific conditions under which Liʿān is not permissible:
- A Christian woman married to a Muslim
- A Jewish woman married to a Muslim
- A free woman married to a slave
- A slave girl married to a free man
- Any offspring from a woman divorced through Liʿān are considered illegitimate.
Cultural and Social Context
Liʿān carries significant social and cultural implications. The process is designed as a serious and final measure to address grave accusations of infidelity, preserving the dignity of both parties while maintaining stringent evidentiary standards. The automatic divorce that follows prevents the continuation of a toxic relationship marked by severe mistrust.
Suggested Readings
To delve deeper into the concept, legal procedures, and historical applications of Liʿān, the following books are recommended:
- “The Justice of Islam: Comparative Perspectives on Islamic Law and Society” by Lawrence Rosen
- “An Introduction to Islamic Law” by Wael B. Hallaq
- “The Formative Period of Islamic Thought” by W. Montgomery Watt
Takeaways and Conclusion
Liʿān represents a critical legal and moral safeguard within Islamic marriage, designed to address disputes involving severe accusations. Its rigorous procedure underscores the importance Islam places on justice, truthfulness, and the protection of personal rights. Understanding Liʿān enriches one’s comprehension of Islamic family law and its underlying ethical principles.
