🕌 Understanding LI'AN: The Practice of Mutual Repudiation 📜🕋

Definition: Li’an, also spelled LiʿĀn (لعان) or malediction, is a Quranic institution introduced to resolve cases where a husband accuses his wife of adultery without providing four witnesses to substantiate the claim. Mentioned in Quran 24:6-9, it involves a series of oaths taken by both the husband and the wife.

Etymology and Background

• Etymology: The term “Li’an” is derived from the Arabic root “ل-ع-ن” (l-a-ʿ-n), which means “to curse” or “to invoke God’s curse.”
• Historical Background: Li’an is a legal and religious construct established within Islamic jurisprudence to protect marital sanctity and ensure a fair trial process based on divine legislation rather than mere suspicion.

Key Elements and Practice

Quranic Origin:

• Quranic Verses: Quran 24:6-9 lays down the process whereby:
  1. The husband swears four times on the truth of his accusation.
  2. The fifth oath calls upon God’s wrath if he is lying.
  3. The wife swears four oaths denying the accusation.
  4. Her fifth oath calls upon God’s wrath if her husband tells the truth.

Result of Process:

• If the wife refuses to swear, she is deemed guilty and punished for adultery.
• If she swears, she is free from punishment and permanently divorced from her husband.
• The husband loses all claims to paternity over any subsequent children.

Cultural Differences and Similarities

• Sunni and Shia Perspectives: Both Sunni and Shia schools of thought recognize Li’an, but the detailed juridical procedures might have minor variations.
• Global Practice: The principle behind Li’an is observed universally in Muslim-majority countries, with localized adaptations based on regional practices and legal frameworks.

Synonyms, Antonyms, and Related Terms

Synonyms: None explicitly exist but “Mutual Repudiation” is a close descriptive term. Antonyms: Reconciliation, verification by witnesses. Related Terms:

• Hudood: Punishments prescribed for certain sins including adultery.
• Qisas: The concept of retributive justice within Islamic law.

Exciting Facts

• Li’an has historic roots pre-dating Islam and was formalized in Islamic law to ensure greater fairness and equality.
• The methodology seeks to protect the woman’s dignity by limiting baseless accusations while also holding both parties strictly accountable before God.

Quotations

• Quran: “And for those who launch a charge against their wives, and have (in support) no evidence but their own - their solitary evidence can be received if they bear witness four times (with an oath) by God that they are solemnly telling the truth…” (Quran 24:6)
• Hadith: Ibn Abbas narrated: “Hilal bin Umaiya accused his wife of illegal sexual intercourse and came to the Prophet to bear witness (against her), (taking a) Li’an.” (Sahih Bukhari)

Suggested Literature for Further Study

1. “Islamic Law and Customary Practices in Peninsular Malaysia: A Study of Li’an” by Norain Ayub
2. “The Quranic Laws of Li’an and Sexual Injustice in Domestic Life: A Jurisprudential Approach” by Ahmad Al-Faiekh
3. “Sharia Law: An Introduction” by Mohammad Hashim Kamali

Inspirational Farewell

Studying Li’an unveils Islam’s dedication to harmonizing divine justice with human dignity, demonstrating how ancient wisdom strives to protect fundamental human rights.