Introduction
Islam insists upon subsistence of marriage. Therefore, Islam
strongly condemns dissolution of marriage. Islam recognizes dissolution of
marriage as an emergency measure to put an end to marriage in that situation
where husband and wife cannot maintain relationship between themselves
according to religious limits. Islam has provided different modes to use this
emergency measure for dissolution of marriage. Lian is also one of such modes.
Definition
If husband levels false charges of unchastity or adultery
against his wife and it amounts to character assassination of wife, wife gets
right to ask for divorce on this ground. Such a mode of divorce is called lian.
Explanation of Lian
As far as offence of Qazf (Enforcement
of Hadd) Ordinance is concerned, following points are important for further
explanation of lian.
(a) Accusation of Zina Before Court
For lian, it is necessary that husband should accuse his
wife of zina before a court.
(b) Muhsan Wife
For lian, it is essential that wife should be muhsan.
(c) Non-acceptance of Accusation
For lian, it is important that wife should not accept
accusation of zina.
Procedure of Application
(a) Oath of Husband
After accusation of zina and non-acceptance of such
accusation, husband should swear through oath for truthfulness of his
accusation of zina against his wife and for Allah’s curse upon him in case of
lying.
Oath: I swear by Allah the Almighty and say I am
surely truthful in my accusation of Zina against my wife (name of wife) and,
after he has said so four times shall say; Allah’s curse be upon me if I am
liar in my accusation of Zina against my wife (name of wife).
(b) Oath of Wife
After oath of husband, wife should swear through oath for
untruthfulness of her husband’s accusation of zina against her and for Allah’s
wrath upon her in case of lying.
Oath: I swear by Allah the Almighty that my husband
is surely a liar in his accusation of Zina against me; and after she has said
so four times, she shall say; “Allah’s wrath be upon me if he is truthful in
his accusation of Zina against me.
Dissolution of Marriage
After oaths of husband and wife, court should pass order for
dissolution of marriage between them.
Nature of Order
This order for dissolution of marriage operates as a decree
for dissolution of marriage.
Not Appealable
This order for dissolution of marriage is not appealable.
Conclusion
To conclude, it can be stated that lian is, no-doubt, a mode
for dissolution of marriage. But it also provides harsh results for both the
husband and wife especially in case of lying : curse of Allah for husband and
wrath of Allah for wife.
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