the hadd for slander becomes obligatory against him, for liʿān was instituted only to avert the hadd while simultaneously disowning the child. They may also cite the report transmitted by ʿAmr b. Shuʿayb, from his father, from his grandfather, that the Messenger of God—peace and blessings be upon him—said: “There is no liʿān in four cases: between two slaves and between two unbelievers.”

The majority regard liʿān as an oath, even though the Qur’an refers to it as “testimony,” for no one can serve as a witness on his own behalf. That testimony may be expressed by an oath is evident from the Almighty’s words, “When the hypocrites come to you, they say…” (Q 63:1), after which He says, “They have taken their oaths as a shield” (Q 63:2).

The jurists unanimously allow a blind man to invoke liʿān, but they differ regarding a mute. Mālik and al-Shāfiʿī hold that a mute may perform liʿān provided his intent can be understood, whereas Abū Ḥanīfah says he may not, because he is not competent to give testimony. All agree that sanity and legal adulthood are required.

Section Three: The Procedure of Liʿān

The formula of liʿān is virtually identical among the leading scholars, with only minor differences, for it follows the plain sense of the Qur’anic wording. The husband swears four times by God that he has seen her committing adultery and that the pregnancy in question is not his. On the fifth he adds: “May the curse of God be upon me if I am lying.” She then testifies four times to the contrary of what he has alleged, and on the fifth she invokes God’s wrath upon herself. All of this is agreed upon.

The scholars then disagreed as to whether substitutions are permissible—whether the husband may replace “curse” with “wrath,” or vice-versa; whether he may say “I swear” instead of “I testify,” or invoke a divine name other than “God.” The majority hold that no such alterations are allowed; only the precise wording stipulated in the text is valid, the essential element being the number of attestations. They also concur that a judge’s ruling is a prerequisite for a valid liʿān.

Section Four: The Ruling When One of the Parties Refuses or Retracts

If the husband refuses to proceed, the majority say he is liable to the hadd, whereas Abū Ḥanīfah maintains that he is not flogged but detained. The majority’s proof is the general statement of the Almighty, “Those who accuse chaste women…” (Q 24:4), which encompasses both a stranger and a husband. Since the Law has made the husband’s liʿān take the place of witnesses, his refusal puts him in the position of one who slanders without proof—hence the hadd is due. They also cite the ḥadīth of Ibn ʿUmar and others concerning the case of the ʿAjlānī, in which the Prophet—peace and blessings be upon him—said: “If I kill her, I will be killed; if I speak, I will be flogged; and if I keep silent, I must keep silent while seething with anger.”