Accusation of Adultery Against Wife, Her Denial, and Husband Not Retracting the Claim

Author: Imran Ayub Lahori


Meaning of Liʿān


Linguistically, "Liʿān" comes from the root باب لا عَنَ يُلاعِنُ (مفاعلة فعال) and means "to curse one another".
[Al-Munjid: p. 695]


Ḥāfiẓ Ibn Ḥajar (رحمه الله) states that Liʿān is derived from Laʿn (curse) because, in the fifth testimony, the man says: “May the curse of Allah be upon me if I am lying.” The name "Liʿān" was chosen—apart from the element of wrath—because it begins with the man’s statement in the Qur’ān and he initiates the process. It is also said to mean awakening or removing.
[Fatḥ al-Bārī: 10/551]


Definition of Liʿān


Liʿān occurs when a husband accuses his wife of adultery without witnesses, and the wife denies the accusation. The matter is then presented before the judge or the ruler:


Husband’s testimony:
He testifies four times under oath by Allah that he is truthful, and on the fifth time he says:
“May the curse of Allah be upon me if I am lying.”


Wife’s testimony:
In reply, the wife testifies four times under oath by Allah that her husband is lying, and on the fifth time she says:
“May the wrath of Allah be upon me if he is telling the truth.”


Thus, she is spared from the ḥadd punishment for adultery. Afterwards, permanent separation is decreed between the two. It is called Liʿān because each party makes themselves deserving of Allah’s curse if lying.


Al-Shawkānī (رحمه الله) writes that there is consensus (ijmāʿ) on the legislation of Liʿān.
[Nayl al-Awṭār: 4/366]


Qur’ānic Proof


① Allah says:


وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُن لَّهُمْ شُهَدَاءُ إِلَّا أَنفُسُهُمْ... [النور: 6 – 9]


(Translation in content retained as per original text)


Prophetic Practice


Incident of ʿUwaymir al-ʿAjlānī (رضي الله عنه):
When he informed the Prophet ﷺ about his wife, the Prophet ﷺ conducted Liʿān between them and then separated them.
[Bukhārī: 5259; Muslim: 1492; Muwaṭṭa: 2/566; Aḥmad: 5/336]


Incident of Hilāl ibn Umayyah (رضي الله عنه):
He accused his wife of adultery with Sharīk ibn Saḥmā’ before the verses of Liʿān were revealed. When they were revealed, the Prophet ﷺ conducted Liʿān between them.
[Bukhārī: 4747; Abū Dāwūd: 2254; Tirmidhī: 3179; Ibn Mājah: 2067; Irwā’ al-Ghalīl: 2098]


Prophet’s Warnings During Liʿān


① Ibn ʿUmar (رضي الله عنهما) narrates that the Prophet ﷺ said to the Liʿān couple three times:


"Allah knows that one of you is lying; will either of you repent?"
[Bukhārī: 5311–5312; Muslim: 1493; Abū Dāwūd: 2257; Nasā’ī: 6/177; Muwaṭṭa: 2/567]


② Ibn ʿAbbās (رضي الله عنهما) narrates that the Prophet ﷺ ordered placing a hand over the mouth of the one swearing the fifth oath and said:


“It is destructive.”
[Ṣaḥīḥ Abū Dāwūd: 1975; Abū Dāwūd: 2255]


Ruling After Liʿān


If both insist on their statements, Liʿān is carried out, after which:


Husband swears four times by Allah that he is truthful and on the fifth says: “May the curse of Allah be upon me if I am lying.”
Wife swears four times by Allah that her husband is lying and on the fifth says: “May the wrath of Allah be upon me if he is truthful.”


If she is pregnant or has given birth, the child’s denial will also be included in the husband’s testimony. The judge then permanently separates them, and the woman becomes forbidden to him forever.


Evidence for Permanent Separation


① Ibn ʿUmar (رضي الله عنهما) narrates that the Prophet ﷺ said to the Liʿān couple:


“Your reckoning is with Allah; one of you is lying. You have no authority over her.”
[Bukhārī: 5312; Muslim: 1493; Abū Dāwūd: 2257; Nasā’ī: 6/177; Ḥumaydī: 671]


② Sahl ibn Saʿd (رضي الله عنه) narrates:


“After Liʿān, it became a practice that the two were separated and could never be together again.”
[Ṣaḥīḥ Abū Dāwūd: 1969; Abū Dāwūd: 2250]


③ The Prophet ﷺ separated a Liʿān couple.
[Bukhārī: 5313–5314]


④ ʿUmar ibn al-Khaṭṭāb (رضي الله عنه) said:


“The Liʿān couple will be separated and never reunited.”
[Irwā’ al-Ghalīl: 2103; Bayhaqī: 7/410]


⑤ In Sahl ibn Saʿd’s narration, ʿUwaymir (رضي الله عنه) gave his wife three divorces after Liʿān because he was unaware that Liʿān itself permanently prohibits the wife for him.
[Bukhārī: 5259; Muslim: 1492]


Child’s Custody and Ruling on Accusation


The child will be given solely to the mother. Whoever accuses her because of the child will be liable for the ḥadd punishment of false accusation (80 lashes).


① Ibn ʿUmar (رضي الله عنهما) narrates that after a man denied his wife’s child during Liʿān, the Prophet ﷺ separated them and gave the child to the woman.
[Bukhārī: 5315; Abū Dāwūd: 2259]


② ʿAmr ibn Shuʿayb from his father from his grandfather narrates:


“He will inherit from his mother and she will inherit from him, and whoever accuses her because of him will receive 80 lashes.”
[Aḥmad: 2/216; al-Fatḥ al-Rabbānī: 280]


This is further supported by all evidences that establish the obligation of ḥadd for false accusation and affirm that the child belongs to the bed (marriage).
 
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