Definition & Evidence

**Linguistic Definition:** Li'an is derived from "la'n" meaning cursing and expulsion. **Technical Definition:** Sworn testimonies affirmed by oaths, accompanied by curse from the husband's side and wrath from the wife's side. It takes the place of the hadd punishment for slander in regard to the husband, and the place of the hadd punishment for adultery in regard to the wife. It is called li'an because the man says in the fifth testimony: "May the curse of Allah be upon him if he is among the liars," and because one of them is certainly lying, so he would be cursed. --- **Evidence from the Quran:** Allah says: "And those who accuse their wives [of adultery] and have no witnesses except themselves - then the witness of one of them [shall be] four testimonies [swearing] by Allah that indeed, he is of the truthful..." [An-Nur: 6-9] **Evidence from the Sunnah:** Sahl ibn Sa'd رضي الله عنه reported that a man from the Ansar came to the Messenger of Allah ﷺ and said: "O Messenger of Allah, what do you think if a man finds another man with his wife? Should he kill him, or what should he do?" So Allah revealed concerning him what is mentioned in the Quran about the two who engage in li'an. The Prophet ﷺ said: "Allah has judged concerning you and your wife." He said: So they engaged in li'an in the mosque while I was present [Bukhari & Muslim]. --- **Wisdom:** The wisdom of legislating li'an for the husband is: so that he is not disgraced by her adultery and his bed is not corrupted, and so that another man's child is not attributed to him. He cannot establish proof against her in most cases, and she will not confess to her crime, and his word is not accepted against her. So there remains nothing except their oaths with the most solemn forms. In the legislation of li'an is a solution to his problem, removal of difficulty, and averting the hadd punishment for slander from him. Since he has no witness except himself, the woman was enabled to counter his oaths with repeated oaths like his - to avert the hadd punishment from herself. Otherwise, she would be liable for the hadd punishment. If the husband refuses the oaths, he is liable for the hadd punishment for slander. If she refuses after his oaths, the hadd punishment applies to her.