Assyfa Journal of Islamic Studies
E-ISSN: 2988-7399
Journal Homepage: https://www.journal.assyfa.com/index.php/ajis/index

Dynamics Of Islamic Family Law "Husband Accuses Wife Of Adultery
Without Evidence And Witnesses (Sumpah Lian) Imam Abu Hanifah's
Perspective"
Huzaini

Institut Agus Salim Metro, Indonesia
*

Received: 02/11/2023

ahmadsaini1981@gmail.com
Accepted: 17/11/2023

Publications: 01/12/2023

Abstract
In the household, it cannot be denied that sometimes husbands are suspicious or accuse their wives of
committing adultery without any evidence or witnesses. Islam overcomes these problems in a lean way.
Abu Hanifah is a scholar who prioritizes using ro'yu in solving problems. According to Abu Hanifah's
thoughts, heading to Abu Hanifah's thoughts, the problem in this research and what legal distinct
method Abu Hanifah uses in resolving the Lian problem. This research is a character study research,
namely library research. The data sources in this research are secondary data, namely primary data
and supporting data. This research was analyzed and concluded with general data. Qualitative
descriptive, namely, the author also provides a widespread and systematic, factual and accurate
description of Lian by researching and discussing existing data. Content analysis is the method used to
analyze the data that has been presented and finally reach a conclusion. The results of this research are
that the impact of Lian on marriage, according to Abu Hanifah's thoughts, is that if Lian has occurred,
then the husband can still return to his wife; the wife's prohibition on the husband is only temporary,
not forever, or Lian is seen as divorce, not fasakh. Until it is known who is lying between the two, then
it is haram forever. The legal istinbat method used by Abu Hanifah in the Lian matter refers to the
generality of the verse, namely the verse about divorce. According to Abu Hanifah, the Lian problem is
a form of divorce.

Keywords: Lian, Imam Abu Hanifah's opinion

Introduction
In this day and age, promiscuity does not sound strange to the ears; people do not even hesitate to
commit adultery. If someone accuses another person of adultery or the person accused is a foreigner,
then it is called Mazda. If someone accuses another person of adultery but cannot bring in four witnesses
except himself, then he must be sentenced to hadd qadzaf because he is accusing without evidence. Even
in the household, sometimes husbands feel suspicious of their wives because their wives are no longer
loyal to them; they do not recognize that the baby their wife is carrying is from him; they feel that it is
not his child. Islam has arranged to overcome the husband's anxiety like that in a way called Lian.1
Lian is a way out for husbands if the husband accuses his wife of adultery and has difficulty
presenting testimony (bringing four witnesses). The way out is for the husband to support his wife as
commanded by Allah. The Judge asked the husband to swear with four testimonies in the name of Allah
as a guide for the four witnesses. The testimony stated that he was right in the accusation and that his
1

Abdullah bin Abdurrahman Al- Bassam, Taudhih Al Ahkam min Bulughul Al-Maram, Translator Kahar
Masyhur, Syarah Buluqhul Maram (Jakarta: PT. Rineka Cipta, 1992), Cet. 1, Volume 2, p. 111.

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

wife committed adultery, and the fifth was anger from Allah. 2Lian is also defined as several testimonies
supported by oaths from husband and wife accompanied by curses and anger. 3Abu Hanifah is a scholar
who prioritizes using ro'yu in solving a problem, in which Abu Hanifah also provides an opinion
regarding Lian.
According to Hanafi fuqaha, adultery is sexual relations committed by a man consciously towards
a woman accompanied by sexual desire, and they do not or have not had a legal marriage or a dubious
marriage (a marriage whose validity is doubtful), such as a marriage without a marriage guardian,
witness or mut'ah marriage. According to Abu Hanifah, the impact of Lian on marriage is that if Lian
has occurred, then the separation between husband and wife will not happen unless based on a judge's
decision.4
Abu Hanifah does not make Lian an automatic separation unless Lian has occurred three times;
no separation occurs unless someone separates him; if a judge has not separated it, then Lian has not
happened. 5As contained in the Religious Courts Law, Republic of Indonesia Law Number 7 of 1989
articles 87 and 88 and article 128 KHI reads, "Lian is only valid if it is done before a Religious Court
session." Every separation from the husband's side is a divorce, not a fasakh. So, the separation here is
like the separation of a sale and purchase dispute if the matter is based on a court decision. 6Abu Hanifah
said the wife is only temporarily unlawful because Lian causes the wife's prohibition. So, if the husband
denies his accusation, there is no law the wife is haram for her husband, and Lian is the same as divorce.7
Based on this background, the problem in this research is what impact Lian has on marriage
according to Abu Hanifah's thoughts and what legal istinbat method Abu Hanifah uses in resolving the
Lian problem.
RESEARCH METHODS
This research includes library research, which is character study research. The data source for this
research is secondary data, namely primary data and supporting data. This research was analyzed and
concluded with general data. Qualitative descriptive, namely, the author also provides a widespread and
systematic, factual and accurate description of Lian by researching and discussing existing data. Content
analysis is a scientific analysis of the content of a communication message. This method is used to
analyze the data that has been presented and finally reach a conclusion.
RESULTS AND DISCUSSION
This section contains data (in concise form), data analysis and interpretation of the results. Results
can be presented with tabs or graphs to clarify the results verbally because sometimes, the display of an
illustration is more complete and informative than a display in narrative form.

2
Imam al-Qurthubi, al-Jami' al-Ahkam al-Qur'an, (Beirut Lebanon: Daar al-Kutub al'Ilmiyah,
1413H/1993), Volume 6, p. 122 and Ibn Katsir, Taisiru al-Aliyyul Qadir li Ikhtishari Translator M. Nasib Ar-Rifa'i
, Summary of Tafsir Ibn Katsir,
(Jakarta: Gema Insani, 2000).
3
Abdullah bin Abdurrahman Al-Bassam, Buluqhul Maram, op.cit, p. 627.
4
Ibnu Rushd, Bidayatul Mujtahid Wa Nihayatul Muqtasid, Translated by Imam Ghazali et al (Jakarta:
Pustaka Imani, 2007), volume 2, p. 688.
5
Syamsuddin As-Sarkhasi, Buku al-Mabsuth, (Lebanon: Daar al Politik Al-'Ilmiyah, 1993), Juz VII,
Volume VII, p. 43-44.
6
Sayyid Sabiq, Sunnah Jurisprudence, (Bandung: Alma'arif, 1980), Volume VIII, Cet. 1, p. 147148, and
Ibrahim Muhammad Jamal, Women's Fiqh, p. 447.
7
Muhammad Ibrahim Jannati, comparative fiqh of five schools of thought, (Jakarta: Cahaya, 2007),
Translator of Ibnu Alwi Bafaqih, Muhdhor Assegaf and Alam Firdaus, Cet 1, p. 611.

This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

2

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

A. Definition, Pillar, Legal Basis and Mechanism for Implementing Lian
Linguistically, Lian means moving away or avoiding goodness. Lian is a fiqh ter, a husband
meLian or accuses his wife before a judge. Lian occurs between husband and wife when the husband
accuses his wife. The Judge carries out Lian between husband and wife, starting from the husband and
stopping until he says: "By Allah, I swear that indeed she (wife) committed adultery with so and so ."8
Lian is a husband accusing his wife; he must face adultery if he accuses a stranger (other than his wife
). 9This means expelling and distancing because the husband and wife separated, and there was no
meeting afterwards.10 Lian, in terminology, is several testimonies supported by several oaths from
husband and wife accompanied by curses and anger.11
Lian is a husband accusing his wife of adultery by saying to her, "I saw ' Allaamah ibn Manzhur,
adultery," or he does not admit that the baby his wife is carrying is from him, then the case is brought
before the Judge.
The Hanbali and Hanafi schools say that Lian is testimony that is strengthened by an oath and
accompanied by curses (of Allah) from the husband's side. The Maliki school interprets Lian as an oath
of a Muslim husband, amukalla, that he sees the adultery committed by his wife and does not recognize
the child in her womb as his own, then the wife denies this with four oaths. 12According to the Shafi'i
School, Lian is clear words that are used as evidence to accuse (zina) the person who has dirtied his bed
and the person who committed adultery with him or to deny (relationships) to children.
The legal basis for Lian is found in the Qur'an, Surah An-Nur, Surah 24, verses 6-9, the Word of
Allah SWT:
َ‫ص ِدقِيْن‬
‫اّٰلل ۙاِ َّنهٗ لَمِ نَ ال ه‬
ِ ‫ ٍۢ ِب ه‬love God willing, God willing, God willing, God willing, God willing
Meaning "And those who accuse their wives (of adultery), even though they have no witnesses
other than themselves, then that person's testimony is four times swearing in the name of Allah, indeed
he is one of the truthful people. QS. An. Nur. 6).
َ‫ ْ ٰك ِذ ِبيْن‬God bless you
Meaning: And the Oath(Oath): Allah will curse him if he is one of those who lie. .(QS. An. Nur .
7).
‫س ْو ُل هللاِ ص َب ْي َن ُه َما و َ ا َ ْل َحقَ اْ َلولَدَ ِباْل َم ْرأ َ ِة‬
ُ ‫ع ِن اب ِْن‬
ُ ‫ فَف ََّرقَ َر‬،‫ع َم َر ا َ َّن َر ُجالً م َ ا ْنتَفَى مِ ْن َولَ ِدهَا‬
َ ‫ع ْن نَاف ٍِع‬
َ . ‫الجماعة‬
Meaning: From Nafi' from Ibn 'Umar, that there was a man who accused his wife of adultery and
then committing Lian, and he did not recognize the child that his wife gave birth to, then Rasulullah
SAW separated the two and connected the child to his mother. [HR. Pilgrims].

8

' Allaamah ibn Manzhur , Lisaanul 'Arab, ( Qoohirah : Daar al-Hadith, 1423H/2002M) Volume 8, p. 91-

92.
9

Wahbah Zuhaili, al-Fiqhul Islamy Waadillatuhu, (Daar Al-Fikr: 2006M/1427H) Volume 2.
Lisaanul 'Arab, ( Qoohirah : Daar al-Hadith, 1423H/2002M) Volume 8, p lm . 91-92 .
11
Huzaini , Fiqh Munakhat Perspective of Four Schools, CV . Laduni Alifatama, 2023 Metro Lampung))
10

p.95
12

Wahbah Zuhaili , al- Fiqhul Islamy Waadillatuhu , (Daar Al-Fikr: 2006M/1427H) Volume 2, p lm . 177

.
This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

3

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

Then it was the woman's turn; she swore four times in the name of Allah that her husband was
one of those who lie, and in the fifth, Allah would be angry with her if it turned out that her husband
was among those who were truthful." 13So, all the scholars agreed. That Lian is only valid if it is carried
out by a couple bound as husband and wife by a good marriage, whether the wife has been interfered
with. Meanwhile, if the marriage is valid (invalid), then according to Rajih's opinion, the husband may
perform Lian to deny the love of the baby his wife gave birth to. However, the Shafi'i and Hanbali
schools of thought argue that if he does not want to restrict the child, then there is no hadd (flogging)
for the alleged adultery, and there is no Lian between the two.
For the majority of scholars who consider Lian as an oath that uses the wording of testimony,
Lian is valid for a husband and wife who are already mullah, whether Muslim or infidel, just or wicked,
both of the technical requirements of qadzaf (accusation of adultery) are subject to hadd in accusation
of adultery or just one of them. The allegation of adultery is made in total, without relying on it. Lian is
carried out before the Judge and on his orders on specific conditions or depending on the future.
Implementing Lian is invalid unless carried out before a judge and on their position's orders.
From researching the texts of the Al-Qur'an and authentic hadiths, the mechanisms and techniques
for implementing Lian can be formulated: First, the implementation of Lian is carried out openly,
attended and witnessed by the general public. Second, before Lianan cursed each other, the Judge
reminded them to repent. If the husband who is accused of adultery refuses to perform Lian, then
according to Jumhur, he will immediately be punished with qadzaf (40 lashes).
According to the Hanafi school of thought, he needs to be detained until he wants to do Lian or
disbelieve himself. Here, Jumhur's opinion is more valid because the punishment (hadd) generally
applies to every person who is accused of adultery, whether a stranger or their husband, if they cannot
present four witnesses. Allah appointed Lian for husbands as substitute witnesses. If the husband refuses
to perform Lian, then he has the status of a person who makes accusations of adultery without presenting
witnesses. In other words, he was sentenced to charges of adultery without evidence (80 lashes).
Starting Lian with the husband before the wife is a special requirement for most ulama, minus the
Hanafis. So if the Judge begins the Lian with the wife and then the husband, according to them, he must
repeat the Lian with the wife because, by her testimony, the wife means she wants to injure/damage the
husband's testimony so that the wife's testimony is invalid before the husband's testimony.
14
Consequences of the Lian Oath for Husband and Wife Implementing the Lian law is very burdensome
and depressing for both husbands and wives involved in this Lian case. It can even affect each other's
souls, especially after they are calm in thinking and feeling again.
Syafi'i stated that the wife's Lian was nothing more than to avoid the punishment of hadd upon
herself, whereas the husband's Lian was what had the effect of denying his lineage. So it should be, if
Ibn Rushd's Lian influences separation, then the impact is the husband's Lian because the husband's Lian
is equated with divorce. Malik and Shafi'i's reason for Abu Hanifah's opinion is that the Prophet SAW.
Inform the husband and wife about the separation when they say Lian. This shows that Lian was the
cause of the separation. Meanwhile, Abu Hanifah thinks that separation can only be carried out based
on the decisions and orders of the Prophet Muhammad. Who stated that when he said, "There is no way
for you to him. "
Therefore, Abu Hanifah thinks that the Prophet's decision. is a condition for the separation, just
as his decision is also a condition for the validity of Lian. There is a difference of opinion between the
13

Beni Ahmad Saebani , Fiqh Munakaht Volume 2, Pustaka Setia Bandung, 2021, p.134
Republic of Indonesia Law no. 1 of 1974 concerning Marriage and the Compilation of Islamic Law,
(Bandung: Citra Umbara, 2007), cet. 1, p. 271 .
14

This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

4

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

fuqaha, who believe that the separation must occur after Lian, and those who do not think so because of
the separation carried out by the Prophet SAW. The explanation of the husband and wife in the famous
hadith is unclear. In the hadith, it is stated that the man himself was the one who divorced his wife before
the Prophet SAW—informed them of their separation.
According to the basic rules, there is no separation except by divorce. In the share, there is no
eternal prohibition (to gather again), which is agreed upon by all jurists. Therefore, as quoted in the
previous hadith, the jurists who further strengthen the basic rules of the interpretation of hadith deny the
obligation of separation. Meanwhile, the fuqaha who adhere to the understanding of hadith stipulate that
separation is obligatory. Another problem is that if we say that the separation occurred (because of Lian),
is the separation a fasakh or a divorce? The fuqaha who held this separation also had disagreements
regarding this issue. Malik and Syafi'i think that the separation is fake. Abu Hanifah believes that
separation is divorce. Malik's reason for prohibiting marriage forever is because his ex-wife is equated
with a woman whose marriage is forbidden. Meanwhile, Abu Hanifah likens this separation to talk
because it is carried out with the separation of an impotent man because, in his opinion, this separation
can occur after a judge's decision.15
Islam aims to prescribe qadzaf punishment to protect a person's honour, maintain the honour of
the people and cleanse society of bad words so that Muslim families continue to live in a condition
worthy of respect and support their honour, far from the words of impudent people and those who like
to slander. There are three types of qadzaf elements, namely 1) There is an accusation of adultery or
eliminating one's line; 2) The person accused must be a Bhushan; and 3) There is an intention to violate
the law. The element of unlawfulness in judimah qadzaf can be fulfilled if someone accuses another
person of adultery or eliminates his nasab, even though he knows that what he is accused of is not valid.
According to Imam Syafi'i, the qadzaf is proven byOOathh if there are no witnesses or
confessions. The method is that the person being accused (victim) asks the person accusing (perpetrator)
to swear that he did not commit the accusation. If the accuser is reluctant to claim, the qadzaf can be
proven by his unwillingness to denounce. Likewise, vice versa, the accuser (perpetrator) can ask the
accused person (victim) if the accuser is correct in making the accusation. If the accused person is
reluctant to take an oath, then the accusation is considered valid, and the accuser is freed from the had
qadzaf penalty. However, Imam Malik and Imam Ahmad do not allow proof of oath; the hadd penalty
can be waived by carrying out Lian. Lian occurs because the husband/wife admits that one of them has
committed adultery. The confession of husband and wife is carried out in front of the court, and the
Judge carries out Lian between them. So husband and wife swear four times, and the fifth is Allah's
curse upon them if they lie.
B. Lian Perspective of Imam Abu Hanifah
According to Abu Hanifah's thoughts, the impact of Lian on marriage is aimed at strengthening
the ties of brotherhood between the husband's and wife's relatives so that the relationship becomes a way
that brings one group to help another group. If marriage cannot achieve this goal, it will result in the
separation of two families because there is no agreement between husband and wife. With the justice of
Allah SWT, He has opened a way out of all these difficulties, namely the door to divorce, which is
expected to bring order and tranquillity between the two. Both parties so that each can find a suitable
partner who can achieve what they aspire to. If a husband and wife's dispute creates hostility, it plants
the seeds of hatred between them, so there is no other way. Lian is a form of divorce in Islam. In Islamic
15

Imam Taqiyuddin Abu Bakar Ibn Muhammad al-Husain , Kifayatul Akhyar, (Semarang: Family
Business Maktabah , th ), vol. 1, p lm . 123 .
This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

5

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

fiqh, especially munakahat fiqh, Lian is one of the causes of divorce.
Divorce also occurs because of siqoq and others. A husband who sees another man leaving his
wife's place/sitting together should not be quick to accuse him of adultery because it must be
accompanied by concrete evidence unless he is sure that his wife has committed adultery. He (the
husband) must swear that his wife committed adultery and that the child she is carrying is not the result
of intercourse with him. And it must be mentioned as a "curse" so people don't make it easier. Based on
the Koran, Surah Ali Imran verse 77, which means: "Indeed, those who exchange (their promises with)
Allah and their oaths for a small price, they will not get any share (reward) in the afterlife, and Allah
will not speak with them and will not look at them on the Day of Resurrection and will not (nor) purify
them." The significant threat and painful torment for a woman who betrays a foreign man is that she
receives a threat from Allah SWT that Allah will abandon her. She will no longer have any self-respect
before Allah, and indeed, Allah has forbidden heaven for her.
According to Abu Hanifah, if Lian occurs when only one party does it, such as the husband doing
Lian or the wife doing Lian, it does not constitute a permanent separation. Meanwhile, if the Lian
involves husband and wife or the husband meLian the wife and vice versa, there will be eternal
separation. So, according to Abu Hanifah, the decree or isbat of eternal prohibition can be determined
if both parties carry out the Lian, and it is not yet known who is lying between the two. If Lian is only
carried out by one party and is determined to be haram forever, it could mean adding to the existing
texts, primarily if the meaning of a text is related to punishment. If the husband denies what he initially
said (retracts the accusation and admits his mistake), he is sentenced to lashing and may remarry with a
new marriage contract; because the husband has withdrawn the accusation, his Lian is invalid.
The consequence of Lian, according to Abu Hanifah, is that separation between husband and wife
will not occur unless based on a judge's decision. Because the Prophet once decided the Lian case as a
condition for separation, just as his decision was a condition for the validity of Lian. The reason for Abu
Hanifah's opinion, which states that divorce does not occur after the Lian process except with a court
judge's divorce decision, is Abu Daud's history of the hadith of Sahal bin Sa'd, which means: "From
Sahal, he said: In the time of the Messenger of Allah, when I was old fifteen years old, I witnessed a
husband and wife saying Lian to each other. After that, the Prophet separated the two."
In another sentence, it is stated that Sahal witnessed the Prophet separating two people who were
in love, and then a man said, "I would have lied to the woman, O Messenger, if I still wanted her." (HR.
Bukhari) Refutation of the two hadiths termination of relations Husband and wife according to the
Prophet SAW above have three meanings, namely the determination of divorce, notification of divorce
and the imposition of Lian consequences in the form of physical divorce.
Abu Hanifah said that the implication of this hadith is the possibility of referring to a wife who
commits Lian, and her Lian falls as a divorce. If the divorce occurs before that, then the perpetrator of
Lian in the hadith above cannot divorce and cannot possibly keep his wife. Abu Hanifah thinks that this
prohibition is void (no longer valid) if one party denies himself. Sa'id bin Musayyab authentically
narrated this opinion. However, this opinion is at odds with Jumhur's opinion, which states that there is
no influence of one party's lies on themselves in aborting the permanent prohibition, which is a
consequence of Lian's punishment only and is not a consequence of anything else. If he continues his
marriage to this woman, he is called a layouts husband (one who does not have jealousy). The hatred
that arose as a result of each party's abuse of the other in Lian will not disappear forever.
C. Imam Abu Hanifah's Legal Istinbat Method
In determining the problem, Lian Abu Hanifah invites freedom of thought in solving new issues

This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

6

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

that are not yet contained in the Qur'an and Sunnah and advocates discussing problems freely. He relies
a lot on qiyas (analogies) in determining the law and prioritizes analogies that are low but profitable
over qiyas that are strong but not profitable. He chose many laws based on istihsan and istishab. Sahal
bin Muzahim (a student of Abu Hanifah) once said that Abu Hanifah's opinion is sticking to what he
believes in, distancing himself from evil, likes to pay attention to the customs and things of the people,
what they consider good and evil, Imam Hanafi solves various There was a problem with the qiyas path
if that path felt inappropriate. He took the istihsan path as long as this path could be taken, then he
returned the matter to what had been done by the Muslims.
The eternal prohibition due to Lian is understood from the hadith text without adding meaning or
adding lafaz. Abu Hanifah views that it is forever forbidden for a husband and wife who have carried
out Lian not to be used if only one person (husband or wife only) carries out Lian or both carry out Lian,
then realize that the accusation is wrong (because the accusation is based on jealousy or because of
misguided emotions), then the prohibition forever disappears. If it is also determined that the law is
haram forever according to the hadith above, then it would be the same as adding to the text, which is
not permitted. The prohibition of Lian (forever) also cannot be determined if the husband is doing Lian
to his wife while the wife is reluctant to do Lian. Still, the wife also does not confirm her husband's
accusations.
Likewise, if Lian has occurred between husband and wife, then the husband revokes health and
is willing to be had, then the husband may remarry his wife with a new marriage contract. Likewise, if
the cause of Lian is to deny the child or arrange for the child to be born to his wife, and then the husband
realizes that his accusation is false and admits that the child born to the wife is his, then the child can be
attributed to the husband. Divorce resulting from Lian is legally eternal or forever; the condition is that
both parties do it. However, if only one party does so, the hadith about eternal divorce cannot be used
anymore. Because it has different meanings, it is no longer two parties but just one. If there is a
specialization in a text, then the specialization is related to the law, so determining the law must be in
accordance with the text.
D. Legal Analysis of Lian
The concept of Lian in marriage is carried out when the husband accuses his wife of adultery but
cannot bring in witnesses except himself. Then the husband must testify or swear four oaths on himself
that he is accurate in his accusations, and fifthly, the husband will be cursed by Allah if he lies. Then,
suppose the wife denies the accusations made by her husband against her. In that case, the wife must
also testify or swear on herself four times, stating that what her husband accuses her of is not valid, and
fifthly, she is willing to suffer the curse of Allah if her husband is faithful in the accusation. Abu
Hanifah's opinion is following the law in force in Indonesia, namely that all divorces must be carried
out before a court hearing. Abu Hanifah disagrees with the Shafi'i scholars Malik and Ahmad bin Hanbal
regarding the consequences of Lian.
According to him, Lian only occurs if it is carried out before a court session and has been decided
by a judge. If the Judge has not been selected, the husband and wife who performed Lian have not
separated. Then, after Lian occurs, the wife may return to her husband because the result of Lian,
according to Abu Hanifah, is that divorce is not forever haram. According to Abu Hanifah, the wife may
return to the husband who has married her after the husband revokes tOathhh and has carried out the
hadd, then the husband returns to the wife and carries out a new marriage contract. However, if the
Li'Oath still binds the husband and wife or has not been cancelled, it is forever forbidden for the husband
and wife to be together again. Abu Hanifah's opinion is based on ro'yu and solving problems that arise

This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

7

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

with reason because Abu Hanifah considers that separation from the husband's side is divorce, not
fasakh. The istinbat method used by Abu Hanifah is to look at the generality of the talk verse, and use
hadith whose meaning is clear. If there is an addition to the hadith, whether it is adding lafazh or
meaning, then it is not permissible.
According to Abu Hanifah, the hadith can be viewed from its zhohir meaning without making
additions, ultimately leading to additions to the text. Someone who adds to the text must have a nashah
because this is not allowed. The impact of Lian on marriage is seen as talak or temporary haraam because
it is based on the verse about talak. Meanwhile, in the hadith, it is stated that it is haram forever because
both parties are doing the Lian. After all, the hadith is understood from the lafadz mutsananya, which
means showing two (husband and wife). Still, if only one person is doing the Lian, then this hadith
cannot be used because it has a different meaning, but if you are forced to add to the meaning of the
hadith, it is the same as adding to the text; this is not permitted. Then, the law returns to the original law,
namely divorce. Lian occurs because the husband or wife admits that one of them has committed
adultery, which is carried out in front of a court session, and the Judge carries out Lian between them.
So husband and wife swear four times, and the fifth is Allah's curse upon them if they lie.
However, if an act of adultery has occurred, whether committed by the wife or husband, and the husband
or wife sees for themselves that the act of adultery has appeared in front of them. They believe that the
act happened, but they are willing to do this act without carrying out the Lian and forgive the party who
committed adultery with various considerations, for example, because there is still love and affection
between them and because they think about the fate of the child if the parents are incomplete. So, an
action like this is not yet called Lian because there has not been an oath of curse between them. A
husband and wife like this can be together again, even though they have committed adultery and then
repent for the big sin they have committed. However, people like this are said to be days (people who
do not have jealousy). While the act of adultery does not cause Lian to be obligatory, the act of adultery
is a reason for carrying out a divorce. As stated in KHI article 126, divorce does not automatically occur
due to adultery.
Not only can husbands carry out Lian, but wives can also carry out Lian because husbands and
wives have the same rights in performing Lian. If Lian is only the husband's right, then will the wife
keep quiet if the husband commits adultery? So it's all unfair. Especially nowadays, adultery is not only
achieved by wives, but husbands also commit adultery. So, the accusation of infidelity levelled by a
wife against her husband is also referred to as Lian. Because in the meaning of the hadith,
"almualainaani" is husband and wife, so Lian is carried out by husband and wife and not just for
husbands.
CONCLUSION
From several discussions and analyses regarding Lian according to Abu Hanifah's thoughts, it can
be concluded that the effect of Lian on marriage according to Abu Hanifah's thoughts is that if Lian has
occurred, then the husband can still return to his wife, the wife's prohibition on the husband is only
temporary, not forever. , or Lian is seen as divorce, not fasakh. Until it is found out who is lying between
the two. As long as it is not known who is lying, it is haram forever. The legal istinbat method used by
Abu Hanifah in the Lian matter refers to the generality of the verse, namely the verse about divorce.
According to Abu Hanifah, the Lian problem is a form of divorce. General verses, which include quotes
and hadith whose meaning is clear, cannot be added, primarily if the addition is related to law; if you
make additions, it means menashah.
Making additions must be dishah because it is not permitted. In understanding problems that are
developing in society, we should have a broad understanding and always pay attention to the true
This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

8

Huzaini : Title Dynamics of Islamic Family Law "Husband Accuses Wife of Adultery Without Evidence and
Witnesses (Oath of Li'an ) Imam Abu Hanifah's Perspective"
Assyfa Journal of Islamic Studies , v(1)n(2), 2023, 01-09

meaning of the law by paying attention to the benefit to avoid harm. Abu Hanifah's opinion regarding
Lian can be used as a guideline not to rush to accuse your wife of adultery before you are genuinely sure
and see it directly because the accuser must swear and receive curses from Allah if he lies. Based on the
law in force in our country, every divorce must be written and executed before a Religious Court session,
as is the case with Lian, meaning that Lian must be carried out before a judge, and the Judge is the one
who decides.
REFERENCES
Abdullah bin Abdurrahman Al-Bassam. Taudhih Al Ahkam min Bulughul Al-Maram. Translator Kahar
Masyhur, Syarah Buluqhul Maram. (Jakarta: PT. Rineka Cipta, 1992), Cet. 1, Volume 2.
Al-Qurthubi, Imam. al-Jami' al-Ahkam al-Qur'an. (Beirut Lebanon: Daar al-Kutub al'Ilmiyah,
1413H/1993), Volume 6, and Ibn Katsir, Taisiru al-Aliyyul Qadir li Ikhtishari, Translator M.
Nasib Ar-Rifa'i, Summary of Tafsir Ibn Katsir. (Jakarta: Gema Insani, 2000).
As-Sarkhasi, Syamsuddin. Buku al-Mabsuth. (Lebanon: Daar al Politik Al-'Ilmiyah, 1993), Juz VII,
Volume VII.
Imam Taqiyuddin Abu Bakar Ibn Muhammad al-Husain, Kifayatul Akhyar, (Semarang: Family
Business Maktabah, th), vol. 1.
Jannati, Muhammad Ibrahim. Fiqh Comparison of five schools of thought. (Jakarta: Cahaya, 2007).
Translator of Ibnu Alwi Bafaqih, Muhdhor Assegaf and Alam Firdaus, Cet 1.
Lisaanul. 'Arab. (Qoohirah: Daar al-Hadith, 1423H/2002M) Volume 8.
Manzhur,'Allaamah ibn. Lisaanul 'Arab. (Qoohirah: Daar al-Hadith, 1423H/2002M) Volume 8.
Rushd, Ibn. Bidayatul Mujtahid Wa Nihayatul Muqtasid. Translation of Imam Ghazali et al. (Jakarta:
Pustaka Imani, 2007), volume 2.
Sabiq, Sayyid. Sunnah Fiqh. (Bandung: Alma'arif, 1980), Volume VIII, Print. 1, p. 147148, and Ibrahim
Muhammad Jamal. Women's Fiqh.
Religious Courts Law (UU No. 7 of 1989). (Jakarta: Sinar Graphics, 2004).
Zuhaili, Wahbah. Al-Fiqhul Islamy Waadillatuhu. (Daar Al-Fikr: 2006M/1427H) Volume 2
Republic of Indonesia Law no. 1 of 1974 concerning Marriage and the Compilation of Islamic Law.
(Bandung: Citra Umbara, 2007), Cet. 1.

This is and Creative Commons License This work is licensed under a Creative Commons
Attribution-NonCommercial 4.0 International License

9