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An act called Li’an when her are met in harmony and the terms specified.

The
pillars of Li’ancan be seen in the elements which foster the essence of Li’an
as contained in the definition Li’an mentioned above. While the requirement
for li’an exists regarding with the proviso for each element in harmony and
there is also a general requirement. The pillars of Li’an are:

1. The first Rukun: husband


In terms of the husband was the one who vowed to enforce the terms
of the testimony and he is the one who accuse others chaste that it should be
subject to sanctions for slander chaste or qazaf, husband then it must meet the
following requirements:
a) He is a person who has the legal burden or mukallaf subject, namely adult,
healthy minds, and do with consciousness itself. When husband was
immature, or not healthy minds or in a state forced, then the oath he swor
unauthorized and when he slanders were not sanctioned qazaf, therefore,
invalid li’an it does.

b) The husband is Muslim, fair, and has never been convicted qazaf. This are
the requirements put forward by some scholars include: al-Zuhriy, al Tsawriy,
al-Awza'iy, ra'yi ahlu Ulama (Hanafiyah) and one history of Imam Ahmad;
while other scholars whom Imam Malik Ishaq, al-Hasan, Sa'eed ibn al
Musayyab and Imam Ahmad in the history not so requires, the meaning can
Li’an carried out by people who are not Muslims and do not qualify fair.

c) The husband was not able to bring four witnesses to prove accusation of
adultery which he tossed to his wife. If if the husband has the complete
evidence should not be li’an take li’an because it is in lieu of charges that can
be proved.

2. The second Rukun: wives in Li’an


The conditions that must be met for the wife of his legitimate Li’an
that pronounced her husband as follows:
a) She is the wife who is under a marital relationship with her husband.
Because it only applies Li’an between husband and wife and not
apply it to another.
b) He is an mukallaf in the sense of an adult, a healthy mind, and act with full
awareness. This requirement was set for wife will do Li’an behind as a
rebuttal to what delivered by her husband.
c) He was a Muhsan, ie free from the possibility of properties despicable that
cause he deserves for committing adultery. Requirement this is determined as
if he had not accused her husband Muhsan not entitled to subject had qazaf or
ta'zir.
3. Third Pillars: allegations husband that his wife had committed
adultery
As for the allegations with regard to this Li’an exists in two forms.
First seeing his wife committed adultery and second denying child conceived
by her. The requirement applies to The charges are as follows: If the
allegations in the form of notice required fornication charge The witness
described in detail as adultery explanation because the husband do Li’an
speech occupies a position of testimony. When the charges were in the form
of denying children who conceived, required explanation that her previous
husband in a state clean and never he excelled net after it. On the boundary
and clean sign that different scholars understand. According to Imam Malik
in the history said three times menstruation, and in another narration said one
period. Similarly, in denying the absolute child, some scholars said
unauthorized to lian, while other scholars say legitimate despite the
allegations saying applies without explanation.
With the rejection of the wife's vow in spite of the sanctions adultery.
Oath the husband and wife's rejection of the oath made before a judge in
court. With the onset of the oath each other and curse each other that, then
severing a marriage between them and should not be returned into marriage
forever. In addition, children born marriage was not transmitted to me Lian
husband of his wife, because the next Li’an accused of adultery, also at the
same time denying the child his wife conceived. When it has finished the
procession Li’an as mentioned above, Act on legal effect as follows:
1) A husband who say Lian free from the threat had qazaf with in the
meaning of accusations hurled against it declared true.
2) Adultery husband's alleged mean really happen, or is it law wife had
committed adultery.
3) The relationship between husband lian shortly with child his wife
conceived was interrupted and for the next child tranmitt linked to his mother.
4) wife in a threat-free li’an had adultery, so legally he did not really commit
adultery.
5) Marriages between the two broke up for good.

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