Ruling on Li'an — Mechanism and Legal Consequence
fiqh
Level: advanced
family
fqh-078
فَشَهَٰدَةُ أَحَدِهِمۡ أَرۡبَعُ شَهَٰدَٰتٍۭ بِٱللَّهِ إِنَّهُۥ لَمِنَ ٱلصَّٰدِقِينَ
— النور 6
Verse: "Those who accuse their wives without having witnesses except themselves — the testimony of one of them is four testimonies by Allah that he is truthful." (24:6)
Li'an: Special judicial procedure when a husband accuses his wife of adultery without four witnesses.
Mechanism: Husband swears four oaths he is truthful + fifth oath: "Allah's curse upon him if he lies." Wife swears four oaths he is lying + fifth oath: "Allah's wrath upon her if he is truthful."
Legal consequences: Husband's hadd for slander waived. Wife's hadd for adultery waived. Permanent separation — they can never reunite. Child's lineage disavowed from husband; attributed to mother.
Source: Al-Qurtubi (12/180); Ibn Al-Arabi (3/347); Al-Mughni (11/107)
Question: What is the effect of li'an on the spouses and the child's lineage?
Answer: Each one's hadd is waived, permanent separation is established, and the child's lineage is disavowed from the husband and attributed to the mother.