Wednesday, October 20, 2010

Li'an Oath (2)

Li’an or Li’an Oath (Curse Oath) happens because husband accuse wife commited zina (adultery) and or refuse the child in his wife’s uterus or refuse child had born by his wife. Whereas wife deny husband’s indictment and or refutation.

Li’an is regulated in Quran Surah An Nur section 6-9.

“And people who accuse their wife (zina), whereas they have no witness except themselves, so the testimony is swear 4 times by the name of Allah, actually he is included true people.” (Quran 24:6)

And (oath) fifthly: that Allah’s curse for him, if he is included the liars.” (Quran 24:7)

His wife is avoided from punishment by her oath 4 times by the name of Allah that actually her husband is really included the liars.” (Quran 24:8)

And (oath) fifthly: that Allah’s curse for her if her husband is included the true people.” (Quran 24:9)

So content of Quran (24: 6-7) is husband’s oath, and wife’s oath is in Quran (24:8-9). And in Indonesia the oaths are poured in Compilation of Islamic law in article 127.

The manner of Li’an
The oath is done by husband first, then followed by wife’s oath. Husband’s oath and wife’s oath are unity. And they can not be separated.

When li’an is valid?
Li’an is legal if it is only performed in front of session of Religious Court.

Legal Consequences
Li'an, of course, has some legal consequences. They are:
  • wife is avoided from punishment of zina
  • the marriage is broken by Court decision, and the divorce called Talak Bain Kubro
  • after divorce, they are forbidden to marry again forevermore
  • the child only has nasab (relation) to mother, so has right to inherit only from mother.

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