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:
- The husband swears four times on the truth of his accusation.
- The fifth oath calls upon God’s wrath if he is lying.
- The wife swears four oaths denying the accusation.
- 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§
- “Islamic Law and Customary Practices in Peninsular Malaysia: A Study of Li’an” by Norain Ayub
- “The Quranic Laws of Li’an and Sexual Injustice in Domestic Life: A Jurisprudential Approach” by Ahmad Al-Faiekh
- “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.
