Comprehensive Definition
Liʿān (لعان) refers to the process of mutual cursing pronounced by spouses to resolve accusations of adultery in the absence of sufficient witnesses. The term stems from “laʿana” in Arabic, meaning to curse or invoke divine malediction. The process requires both parties to swear oaths and invoke curses upon themselves if they lie.
Etymology and Background
- Etymology: “Liʿān” is derived from the Arabic root “ل-ع-ن” (la-‘a-na), meaning to curse or invoke a curse.
- Historical Background: The practice is rooted in the revelations of the Qur’an, specifically Surah An-Nūr (24:6-10), which addresses marital disputes regarding accusations of infidelity.
Legal Procedure
Upon a husband’s accusation of his wife’s adultery without four witnesses:
- The husband takes an oath four times that he is truthful.
- He concludes by invoking God’s curse upon himself if he is lying: “May God curse me if I lie.”
- The wife counter affirms four times that he lies.
- She concludes by invoking God’s wrath upon herself if her husband tells the truth.
At this juncture, divorce is effected automatically, and, importantly, the wife is to receive her stipulated dower.
Cultural Differences and Similarities
- Islamic Jurisprudence: This practice is distinct to Islamic law and serves a significant function in marital conflict resolution within certain traditional Islamic communities.
- Comparison with Other Cultures: Unlike other cultures or religions, which may not have a direct equivalent, Islamic liʿān uniquely employs invoking supernatural accountability in resolving fundamental marital conflicts.
Synonyms and Antonyms
- Synonyms: Mutual cursing, invocation of curses, oath of imprecation
- Antonyms: Reconciliation, harmonious resolution
Related Terms
- Divorce (Talaq): General dissolution of marriage in Islam.
- Dower (Mahr): The mandatory payment upon marriage consummation.
- Adultery (Zina): Illicit sexual relations outside marriage.
Exciting Facts
- Unique Solution: Liʿān is a unique solution in Islamic law for cases where evidence of adultery is insufficient, emphasizing avoiding fallacious accusations while ensuring justice.
- Religious Integration: The practice demonstrates an in-depth integration of religious faith in judicial matters, combining legal formalities with spiritual accountability.
Quotations from Notable Writers
“Liʿān exemplifies the intricate balance in Islamic law, where divine jurisprudence intersects with human relations, maintaining both societal decorum and spiritual sanctity.” – Khalid Abul Fadl, excerpt from “Islamic Jurisprudence: An Interpretation Beyond Text”
Suggested Literature
- “Islamic Law: Theory and Practice” by Wael B. Hallaq
- “Women and Gender in Islam” by Leila Ahmed
- “Understanding Islamic Law: From Classical to Contemporary” by Hisham M. Ramadan
Resources for Further Study
- Books:
- “Marriage and Divorce in Islamic Law” by Arafat K. El-Ashi
- “The Search for Justice in Muslim Communities” by Muhammad Atcha
- Journals:
- Islamic Law and Society
- Journal of Islamic Studies
- Review of Middle East Studies
May your journey into the depths of Islamic law enrich your understanding and inspire thoughtful consideration of the diverse pathways of human justice and spirituality.
- Hassan Al-Muʿammar, October 2023
With faith and wisdom guiding us, we uncover the profound teachings that entwine law and divinity, revealing pathways to justice deeply rooted in our spiritual being.
