Likening a wife to one's mother (zihar), and the oath of accusation (li'an)

Rulings of Divorce

14. Rulings of Zihar (Comparing the Wife):

1. Zihar, in Islamic law, is when a husband compares his wife [or her entire body, or a publicly recognised part implying her entire body] to a woman [or her part] whom he is permanently forbidden to marry (e.g., his mother, sister, or daughter). [If the comparison is not made but instead states, "You are my mother," Zihar will not apply.]
2. If the husband tells his wife, "You are like my mother's or sister's or daughter's back to me," this constitutes Zihar.
3. If someone tells his wife, "You are like my mother to me," intending to praise her or without intending anything specific, it has no effect. However, if the intention was Zihar, then it is established; and if the intention was Talaq, one Talaq Bain occurs.
4. The ruling of Zihar is that [although the woman remains his wife] marital relations and their preliminaries are forbidden until the atonement for Zihar is fulfilled. Once the atonement is complete, the couple reverts to their original marital status (without the need for a new marriage contract).
5. The atonement (Kaffara) for Zihar is the same as for breaking a fast in Ramadan: emancipating a slave [which is no longer possible in this era]. If not able, then consecutively fasting for two months [in non-Ramadan days, avoiding forbidden days for fasting; breaking the fast during this sequence due to intimacy will require starting over]. If even fasting is beyond capacity, then feeding 60 needy people two full meals or feeding one needy person two meals daily for two months is acceptable.
6. If, before fulfilling the atonement, someone has intimacy or its equivalence, then repentance and seeking forgiveness are necessary [but no second atonement is due; avoiding intimacy henceforth remains obligatory].

15. Rulings of Li’an (Mutual Accusation Oath):

1. Li’an refers to the act where a husband accuses his wife of adultery but cannot provide four witnesses. The following method of mutual swearing of oaths is required: 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."

After him, the wife 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 constitutes one irrevocable divorce (Talaq Bain).

1. The husband has the option to separate from his wife through a divorce before the Qazi decrees separation.
2. This oath-taking process and separation will only occur if both spouses are sane adults, their Nikah was valid, and their marital relationship exists during Li’an. Both parties must be eligible for credible testimony (not subject to Hadd-e-Qazf).