Praise be to Allaah.
Li’aan is prescribed for
two reasons:
1 – If the husband accuses
his wife of zina and cannot produce four witnesses, then he may get the hadd
punishment for slander waived by engaging in li’aan.
2 – If he wants to deny
that a child is his.
The basic principle
concerning that is the passage in which Allaah says (interpretation of the
meaning):
“And for those who
accuse their wives, but have no witnesses except themselves, let the
testimony of one of them be four testimonies (i.e. testifies four times) by
Allaah that he is one of those who speak the truth.
7. And the fifth
(testimony should be) the invoking of the Curse of Allaah on him if he be of
those who tell a lie (against her).
8. But it shall avert
the punishment (of stoning to death) from her, if she bears witness four
times by Allaah, that he (her husband) is telling a lie.
9. And the fifth
(testimony) should be that the Wrath of Allaah be upon her if he (her
husband) speaks the truth”
[al-Noor 24:6-9]
Ibn Katheer (may Allaah
have mercy on him) said in his Tafseer:
This verse offers a way out
to husbands if a husband accuses his wife of zina but it is too difficult
for him to establish proof; he may engage in li’aan against her as enjoined
by Allaah, may He be glorified and exalted. This means bringing her before
the judge and making his accusation against her, and the judge should make
him swear four times by Allaah, instead of bringing four witnesses, that he
is telling the truth i.e., about what he is accusing her of, namely zina.
And the fifth time he should invoke the curse of Allaah upon himself if he
is lying. If he says this, she becomes irrevocably divorced by virtue of
this li’aan, according to al-Shaafa’i and many of the scholars, and she
becomes permanently forbidden to him, and he should give her the mahr
(dowry), and the hadd punishment for zina should be carried out on her. The
punishment is not averted from her unless she also engages in li’aan and
swears by Allaah four times that he is lying, i.e., with regard to what he
has accused her of; and the fifth time she should invoke the wrath of Allaah
upon herself if he is telling the truth. Hence Allaah says
“But it shall avert the punishment (of stoning to death) from
her, if she bears witness four times by Allaah, that he (her husband) is
telling a lie.
9. And the fifth
(testimony) should be that the Wrath of Allaah be upon her if he (her
husband) speaks the truth.” End quote.
As for the wife, if she
accuses her husband of zina, but she cannot produce four witnesses, then she
should be given the hadd punishment for slander, because Allaah says
(interpretation of the meaning):
“And
those who accuse chaste women, and produce not four witnesses, flog them
with eighty stripes, and reject their testimony forever. They indeed are the
Faasiqoon (liars, rebellious, disobedient to Allaah)”
[al-Noor 24:4]
These verses apply equally
to slander against both women and men.
Al-Qurtubi (may Allaah have
mercy on him) said in his Tafseer: Allaah mentioned women in the verse
because they are of greater concern and accusing them of immorality is more
abhorrent and more hurtful, but slandering men is also included in the
meaning of the verse, and the ummah is unanimously agreed on that. End
quote.
Al-Maawardi said in
Ahkaam al-Sultaaniyyah (p. 287): If a woman slanders her husband, she
should be given the hadd punishment, but she should not engage in li’aan.
End quote.
If a woman knows that her
husband has committed zina but she has no proof, namely four witnesses, then
she should advise him and remind him, and tell him to fear Allaah. If he
persists in his sin she may ask for a divorce from him or separate from him
by means of khula’, because there is nothing good for her in staying with
him, and because his having intercourse with her may be harmful for her.
And Allaah knows best.