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    Saturday, 11 October 2014

    Lian in Hudood Laws

    Lian in Islam

    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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    Item Reviewed: Lian in Hudood Laws Rating: 5 Reviewed By: Usman Ali
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