Is Liʿān Considered a Divorce?

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Written by: Imran Ayub Lahori

Although the jurists have differed on this issue, the stronger opinion is that liʿān is a dissolution (fasḵ) of the marriage, not a divorce.

Reasons:
◈ After liʿān, the woman becomes permanently unlawful (ḥarām) for the man, whereas in divorce this is not the case.
◈ In liʿān, separation between the spouses is effected immediately, while in divorce it is not necessarily immediate.
◈ After liʿān, the husband is no longer obligated to provide maintenance, living expenses, or housing for the woman — whereas after a revocable divorce (ṭalāq rajʿī), these remain obligatory during the ʿiddah period.

Jumhūr (Majority View):
Liʿān constitutes dissolution (fasḵ) of the marriage.

Abū Ḥanīfah رحمه الله:
Liʿān is considered a divorce.

Reference:
📚 Nayl al-Awṭār (4/370)