Lian - types of divorce - lian - notes for examinations PDF

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types of divorce - lian - notes for examinations...

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Lian Li‘an is a mode of divorce is seldom used among the Muslim society. It involves taking an oath to avoid hudud punishment for the charge of adultery (zina). Li‘an is also a method for the purpose of denying paternity of a child. Legal authority for li‘an can be seen in al-Qur'an, surah an-Nur, (24):6-9 which bears the following meaning: And for those who launch a charge against their spouses 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 Allah that they are solemnly telling the truth; And the fifth oath should be that they solemnly invoke the curse of Allah on themselves if they are tell a lie. But it would avert punishment from the wife if she bears witness four times with an oath by Allah that her husband is telling a lie; And the fifth oath should be that she solemnly invokes the wrath of Allah on herself if her accuser is telling the truth.

In Surah Al-An’am, verse 6-7, Allah says: "and those who accuse their wives of adultery and have no witnesses except themselves - then the witness of one of them shall be four testimonies swearing by Allah that indeed, he is of the truthful. And the fifth oath will be that the curse of Allah be upon him if he should be among the liars." And in a hadith reported in Sahih Muslim, it was narrated that: "Ibn Umar reported Allah's Messenger saying to the invokers of curse: Your account is with Allah. One of you must be a liar. You have now no right over this woman. He said: Messenger of Allah, what about my wealth (dower)? He said: You have no claim to wealth. If you tell the truth, it is the recompense for your having had the right to intercourse with her, and if you tell a lie against her, it is still more remote from you than she is..." S50A(1) of IFLA provides that where the parties to a marriage have taken oath by way of li’an according to Hukum Syarak before a Syariah Judge, upon judgment, the Syariah Judge shall order them to be farak and be separated and live apart forever. S50A(2) states that the Court shall record the divorce by li’an accordingly and send a certified copy of the record to the appropriate Registrar and to the Chief Registrar for registration.

False allegation/ allegation without evidence in Holy Quran: The Holy Quran states to the effect in Surah an-Nur (24):4 as follows: “And those who launch a charge against chaste woman and produce not four witnesses to support the allegation, flog him with 80 stripes and reject their evidence ever after for such men are wicked transgressors”. If a husband accused his wife of infidelity, he would be liable to the punishment of qadfh unless he proved his allegation....