Li‘an
Definition
Li‘an (لِعَان) is a legal procedure in Islamic law that governs cases where a husband accuses his wife of adultery without presenting four witnesses as evidence. This Quranic institution is elaborated in verses 24:6–9 of the Quran, outlining the process of mutual repudiation through oaths.
Etymology and Translations
- Arabic: لِعَان (Li‘ān)
- Turkish: Interestingly, the concept of Li’an maintains the same root and terminology in many translations.
The Qur’anic Basis
The basis for Li‘an is found explicitly in the Quran, Surah An-Nur (24:6-9):
<p>“And those who accuse their wives [of adultery] and have no witnesses except themselves - then the witness of one of them [shall be] four testimonies [swearing] by Allah that indeed, he is of the truthful. And the fifth [oath will be] that the curse of Allah be upon him if he should be among the liars. But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars. And the fifth [oath will be] that the wrath of Allah be upon her if he was of the truthful.”</p>
Process of Li‘an
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Accusation and Oaths by the Husband:
- The husband must swear four times in the name of Allah that his accusation of adultery against his wife is true.
- He must take a fifth oath invoking the curse of Allah upon himself if he is lying.
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Counter-Oaths by the Wife:
- The wife has the right to nullify the husband’s accusation by swearing four times in the name of Allah that his accusation is false.
- She must take a fifth oath invoking the wrath of Allah upon herself if her husband is truthful.
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Outcomes:
- If the wife refuses to take the oaths, she is presumed guilty and will endure the punishment for adultery (usually 100 lashes).
- If she complies and takes the oaths, she is declared innocent and is granted a permanent divorce from her husband.
- The husband forfeits any claims of paternity over any children born after the mutual oaths.
Legal and Social Implications
- Paternity and Inheritance: After the mutual repudiation, any children born subsequently will not be recognized as the husband’s, affecting inheritance rights.
- Permanent Divorce: The procedure of Li‘an results in an irrevocable divorce, meaning reconciliation through remarriage is not possible unless new conditions are met (e.g., the wife remarrying and then being divorced again).
Further Studies
- “Islamic Family Law” by Noel J. Coulson
- “Studies in Islamic Law and Society” series
Takeaways
- The Role of Oaths: Li‘an underscores the gravity placed upon oaths in Islamic law.
- Safeguards in Marriage: The institution aims to protect the integrity of marriage and familial relationships by providing a formal legal process for serious accusations.
- Permanent Consequences: The outcomes highlight the irreversible nature of Li‘an, emphasizing the seriousness of making such accusations.
Conclusion
Li‘an is an intricate legal procedure in Islamic law designed to address accusations of adultery within marriage, balancing the rights and responsibilities of both spouses while invoking the divine as a witness to the veracity of their claims. This mechanism not only maintains social order but also reflects the ethics of personal integrity and accountability in Islamic jurisprudence.
