RULINGS OF LI'ĀN IN MALIKI JURISPRUDENCE: A COMPARATIVE STUDY WITH THE JORDANIAN PERSONAL STATUS LAW

Abstract

This paper discusses the rulings of Li'ān in Maliki jurisprudence, focusing exclusively on recognized interpretations and doctrines within this school of thought. To avoid unwarranted extension, it does not explore other Islamic legal schools, instead, it underscores the study's intended purpose. The paper also provides a comparative analysis of these issues against the clauses of Li'ān in the Jordanian Personal Status Law. This comparison is significant as the Jordanian Law relies heavily on the doctrines of the Imam of Ahl Al-Madinah. The paper concludes that Li'ān is a right afforded to the husband, confirmed by witnessing an act of adultery, pregnancy following the completion of a menstrual cycle, or childbirth within less than six months. The observance of adultery need not be as crystal clear as that perceived by eyewitnesses but must merely substantiate the occurrence of the illicit act. The paper also determines that methods such as DNA fingerprinting and recording cameras neither confirm nor deny the right of Li'ān. These methods are not considered legitimate since they introduce new causes and conditions that do not conform to the established religious law and pose a risk of distorting the truth through contemporary manipulations of images. For Li'ān to be invoked, it is also necessary to adhere to the legally established phrases and for the husband to initiate the Li'ān before the wife. The appropriate venue for conducting Li'ān is a mosque for Muslims, a church or synagogue for the People of the Book. It is recommended to perform this after the Asr (afternoon) prayer. If a husband recants his accusation, it is considered defamation and is punishable. If the wife recants, it is considered a confession and she is liable to punishment. Following the Li'ān, it is permissible for the husband to associate the child with him, despite the punishment. The wife subjected to Li'an is not entitled to marital benefits or alimony, as detailed in the paper.