Chapter: Liʿān
Introduction
Liʿān (the mutual imprecatory oath) is derived from laʿn, meaning banishment and exclusion.
It has received this name for one of two reasons: either in consideration of the wording—because in the fifth testimony the husband calls down Allah’s curse upon himself to affirm the truth of his claim, and the term is taken from the husband’s invocation of a curse, not from the wife’s invocation of wrath, since in the Qur’anic verses the curse precedes the wrath; or in consideration of the meaning—banishment and separation—for once liʿān is concluded the spouses part from one another with a final, irreversible separation.
Legal definition: a series of testimonies, each confirmed by an oath, exchanged by the two spouses and accompanied by a curse (for the husband) or by wrath (for the wife).
Its legitimacy rests upon the Qur’an, the Sunnah, and scholarly consensus.
As for the Qur’an, the Exalted says: “Those who accuse their wives and have no witnesses except themselves…” to the end of the verses (Sūrah al-Nūr 24:6).
As for the Sunnah, it is established by the hadith cited in this chapter, and the scholars are in unanimous agreement on it in general terms.
Legislative wisdom:
The basic rule is that whoever explicitly accuses a chaste person of adultery must present legal proof, namely—