Details concerning li‘an

Question

Question: (1) A certain Hind is not chaste, because this Hind has committed zina (fornication) and what is haram to a considerable extent. Will li‘an (mutual imprecation of spouses) be wajib upon an accusation of zina or not? (2) A certain Zayd, the husband of this Hind, did not see her with his own eyes in the act of fornication; however, from circumstantial indications, and also because she stubbornly does not observe hijab from the non-mahram men of the neighbourhood even when her husband forbids it, suspicion…

Answer

(1) Dar al-Islam (the abode of Islam) is a condition for li‘an; therefore li‘an is not wajib in India: [ar]ويشترط أيضًا كون القذف بصريح الزنا وكونه في دار الإسلام[/ar] “It is also a condition that the accusation (qadhf) be made with an explicit word of zina, and that it take place in Dar al-Islam” (“Radd al-Muhtar”, vol. 2, p. 905). (2)

Source: Fatawa Mahmudiyya

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