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)
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)