This Section: the laws explanation
of Qodzaf (accuse of sexual act outside
of marriage) and take of oath of Li’an. The Li’an Word according to linguistic
is masder of La’ni word. The meaning “far” and according to canon law (syara’)
is some special syllables to be become proof or reason for someone that is
perforce or needed to accuse someone that contaminate his bed mate, and someone
that is perforce feels a blot on the escutcheon or gets ignominy.
When husband accuses his wife doing any sexual act outside of
marriage (zinah), so he gets the law of accusing of any sexual act outside of
marriage (zinah), it will be explained later. That the punishment of accusing
of any sexual act outside of marriage (Zinah) is eighty times, except the
husband that accuses can give witness (proof) for doing any sexual act outside
of marriage (Zinah) of Wife that is accused. Or he takes of oath li’an to his
wife that is accused. According to one of explanation explained, “or her
husband take of oath li’an because of judge ordering or someone is on judge
government law, is like someone is become judge”
Then, in outside of judge in one place that is many peoples, at
least four people, on pulpit, the husband says “I testified, by Allah, actually
I’m as right man on something that I accuse to my wife, Someone (Fulanah) (the
wife is not in this place) from doing sexual act outside of marriage (zinah).” If
a wife is in this oath place, so, he gives a sign to her, by words, “my this
wife” and if there is child that is not admitted, so he says on some words of
li’an, by word: “actually this child is from deed sexual act outside of
marriage (zinah). It is not from me”. The words is said by someone that swears li’an
until four times.
And someone that swears Li’an saying for fifth times, after judge
or someone that be become judge gives advise fearfully by Allah’s torture in
the here after, and actually the torture is heavier than torture in the world,
(by word) “and I’m ready to carry on Allah’s curse, if I’m as someone lied on
accusing my wife from deed sexual act outside of marriage (zinah).
Composer ( Mushannif) Said. “on pulpit, on many facing
peoples” no obligatory on take of oath
of Li’an but optional (sunnah).
There are five laws that have relationship by the husband’s li’an
oath, although his wife doesn’t take of oath of Li’an. Are:
1.
The
canceled of accusing criminal punishment to his wife that is taken of oat Li’an
from him. If the women that is taken of oath Li’an is kept or decorous, and
canceled of punishment imposed by a religious court from him, if the women is
not kept or decorous.
2.
Obligatory
gives punishment to zinah criminal, “a wife” although she is Muslim women or
unbeliever women, if she doesn’t want to take of oath of li’an.
3.
The
breaking of marriage relationship, an other composer said, “divorce forever” it
will be divorce externally-internally, although someone that takes of li’an
oath leis him selves.
4.
There
is no descent (nasab) of the child from someone that takes of Li’am oath. And
the women that taken of li’an oath, so, the descent (nasab) of the child still
has relationship of her (the meaning, the descent of child still continues to
his/her mother).
5.
The
forbidden forever to women that taken of Li’an oath, so she is not allowed for
someone that takes of Li’an oath getting married and having sexual intercourse
of her. Because of ownership way, if the women that taken of Li’an oath is a
servant that is bought by him.
Explained in complete religious book, that from five laws there are
addition, on of them: is canceled the protection to women that taken of Li’an
oath (Mula’inah) in relevancy with rightful husband, if the women doesn’t want
to take of lian oath, so that if the husband accuses her again to deed sexual act
outside of marriage (zinah). After the husband take li’an, so the husband can
not get accusing criminal punishment. (but he will get punishment imposed by a
religious court (takzir))
And the canceled of criminal punishment to his wife that is accused
because of her li’an oath to her husband, after complete the li’an oath from
the husband, if the husband that takes li’an (meli’an) is present in the place,
so, the wife that taken li’an (mula’inah) says on her oath of li’an, “I take
witness, by Allah, actually someone (fulan) is one of lier, on something that
he accuses for me. Is sexual act outside of marriage (zinah).” And she repeats
the word four times and the women that is taken of li’an oath (Mutala’inah)
says for the fifth times after judge or someone became judge gives advise, by
fearing of Allah’s torture in the here after and actually the here after
torture is heavier than torture in this world, (by word) “and I’m ready to
carry on Allah’s curse, if he (her husband) is as right man on sexual act
outside of marriage (zinah) that’s accused for me.
And the words, it’s for someone can be speaking, whereas for
someone dumb, so take of li’an oath by sign than can be comprehended.
If someone that takes of li’an oath deputize the syahadah word by
oath word, is like, Mula’in says: Ahlifu billah, or (deputize) ghodlbu
word by la’ni word, or on the contrary, is like his wife that take of li’an
oath (mula’inah): “la’natullahi ilaiyya” (may Allah’s curse is for me)
and the husband utterance that takes of li’an oath (mula’in): “ghadhabullah
alaiyya” (may Allah’s curse is for me) or mentioned both of ghadhab word
and Li’an before complete of witness four time, so the li’an is not valid
totality.
