Written by: Imran Ayub Lahori
Question:
After liʿān (mutual cursing), does separation occur automatically, or only when the judge pronounces it?
Ḥanafī View:
Separation does not take place until the judge formally separates them, just as the Prophet ﷺ physically separated the couple.
Mālikī View:
Once both have completed liʿān, separation occurs automatically, even if the judge does not pronounce it, because the woman becomes permanently unlawful (ḥarām) for the husband. Even if they wished to live together again, they could not.
Shāfiʿī View:
When the husband completes his testimony, the woman becomes permanently unlawful for him from that very moment.
Reference:
Tafsīr al-Lubāb fī ʿUlūm al-Kitāb, 14/306
Preferred Opinion:
The view of Imām Mālik رحمه الله appears to be the strongest.
Question:
After liʿān (mutual cursing), does separation occur automatically, or only when the judge pronounces it?
Ḥanafī View:
Separation does not take place until the judge formally separates them, just as the Prophet ﷺ physically separated the couple.
Mālikī View:
Once both have completed liʿān, separation occurs automatically, even if the judge does not pronounce it, because the woman becomes permanently unlawful (ḥarām) for the husband. Even if they wished to live together again, they could not.
Shāfiʿī View:
When the husband completes his testimony, the woman becomes permanently unlawful for him from that very moment.
Reference:
Tafsīr al-Lubāb fī ʿUlūm al-Kitāb, 14/306
Preferred Opinion:
The view of Imām Mālik رحمه الله appears to be the strongest.
