Zihar and li'an
Zihar, where a husband compares his wife to a woman he could never marry, and li'an, the mutual oath procedure that follows an unproven accusation of adultery.
Zihar is when a husband wrongly compares his wife to someone he could never marry, like his own mother. Li'an is a special process before a judge, used when a husband accuses his wife of a serious wrong but has no witnesses to prove it - each of them swears an oath, and afterwards the judge separates them.
Zihar is when a husband compares his wife - or her entire body, or a publicly recognised part of her that implies her whole body - to a woman he is permanently forbidden to marry, such as his mother, sister, or daughter. If he does not make this comparison but instead simply says, "You are my mother," zihar does not apply.
Although the wife remains married to him, marital relations and anything leading towards them are forbidden once zihar has occurred, until the atonement for zihar is fulfilled. Once the atonement is complete, the couple returns to their normal marital status without needing a new marriage contract.
The atonement (kaffarah) for zihar
- Freeing a slave - no longer possible in this era.The same order of atonement as for breaking a fast in Ramadan.
- If unable, fasting two consecutive months, avoiding the days fasting is forbidden. Breaking the sequence through intimacy means starting the two months again.
- If even fasting is beyond one's capacity, feeding sixty needy people two full meals, or feeding one needy person two meals a day for two months.
Li'an is the procedure that follows when a husband accuses his wife of adultery but cannot provide the four witnesses that would prove it.
The procedure of li'an
- The husband stands before a Qazi (Muslim judge) and states four times: "I call Allah as my witness that the accusation of adultery I have made against her is true."
- On the fifth occasion, he says: "If I am lying in this matter, may Allah's curse be upon me."
- The wife then stands and states four times: "I call Allah as my witness that the accusation made against me is false."
- On the fifth occasion, she says: "If he is truthful in his accusation, may Allah's wrath descend upon me."
- After the oaths, the Qazi separates the couple. This separation is one irrevocable divorce.
Ẓihār occurs when a husband compares his wife - or her entire body, or a publicly recognised part of it implying her whole body - to a woman permanently forbidden to him in marriage (maḥram abadī), such as his mother, sister, or daughter. Where no such comparison is made, and he instead states "You are my mother," ẓihār does not apply.
The wife remains married throughout, but marital relations and their preliminaries are forbidden from the moment of ẓihār until its kaffārah is discharged. Once discharged, the couple reverts to their original marital status without a fresh ʿaqd.
Kaffārat aẓ-ẓihār
- Emancipating a slave - no longer practicable in this era.The same order as the kaffārah for breaking a Ramaḍān fast.
- Failing that, fasting two consecutive months, avoiding the days on which fasting is forbidden; intimacy that breaks the sequence requires restarting the two months.
- Failing that too, feeding sixty needy persons two full meals, or one needy person two meals daily across two months.
Liʿān is the procedure that applies where a husband accuses his wife of zinā but cannot produce the four witnesses sharʿī proof requires.
The procedure of liʿān
- The husband stands before a Qāḍī and states four times: "I call Allah as my witness that the accusation of adultery I have made against her is true."
- On the fifth occasion: "If I am lying in this matter, may Allah's curse be upon me."
- The wife then states four times: "I call Allah as my witness that the accusation made against me is false."
- On her fifth occasion: "If he is truthful in his accusation, may Allah's wrath descend upon me."
- The Qāḍī then separates the couple (tafrīq); this separation constitutes one ṭalāq bāʾin.
Terms on this page
Related
- Ila': the oath not to approach one's wife What ila' is, what happens if the husband keeps or breaks his oath, and the expiation due for breaking it.
- Taking the wife back during her waiting period (ruju') How a husband may take his wife back after a revocable divorce, while her waiting period is still running, without a new marriage contract.
- The waiting period (iddah) after divorce or death Why a wife must wait before remarrying, and how long the wait is for a divorced, widowed, pregnant, or never-consummated wife.
- Khul': the wife's release in exchange for compensation How khul' works when a husband will not divorce and the marriage cannot continue, who may ask for it, and what it costs the wife.