Chapter on Liʿān (Mutual Imprecation)

When a husband accuses his wife of adultery and both of them are legally competent to testify, and the wife is of a type whose slanderer would be subject to the ḥadd penalty, or when he denies paternity of her child and she presses the case that follows from his accusation, liʿān becomes obligatory upon him. Should he refuse to perform it, the judge detains him until he either completes the liʿān or admits that he lied; if he admits lying he is flogged. Once he has performed liʿān, the wife must do likewise; if she refuses, the judge detains her until she completes the liʿān or affirms her husband’s claim.

If the husband is competent to testify but the woman is a slave, a non-Muslim, one who has already been flogged for qadhf (false accusation), or otherwise of a class whose slanderer is not liable to the ḥadd, then no ḥadd falls upon him for accusing her, and liʿān does not apply.

The procedure of liʿān is as follows: the judge begins with the husband, who testifies four times, saying each time, “I testify by Allah that I am among the truthful in accusing her of adultery.” On the fifth occasion he says, “May the curse of Allah be upon me if I am among the liars in my accusation of adultery against her,” pointing to her each time. The wife then testifies four times, saying each time, “I testify by Allah that he is surely among the liars in accusing me of adultery.” On the fifth occasion she says, “May the wrath of Allah be upon me if he is among the truthful in accusing me of adultery.” When both parties have completed the liʿān, the judge separates them. According to Abū Ḥanīfah and Muḥammad ibn al-Ḥasan, this separation counts as a single irrevocable divorce (ṭalqah bāʾinah); Abū Yūsuf holds that it creates a permanent prohibition between them.

If the accusation related to a child, the judge disaffiliates the child from the husband and attributes it to its mother.

Should the husband later retract his claim and declare himself a liar, the judge administers the ḥadd to him and it becomes lawful for him to marry her again. The same ruling applies if he had been flogged for accusing another woman, or if she herself committed adultery and was flogged for it.

If a man accuses his wife while she is a minor or insane, no liʿān takes place between them.