Sahih al-Bukhari 5314 - Li'an Procedure

This narration from the Book of Divorce concerns the Islamic legal procedure of Li'an (mutual imprecation), which occurs when a husband accuses his wife of adultery without producing four witnesses.

Legal Context of Li'an

Li'an is a solemn oath procedure prescribed in Surah An-Nur (24:6-9) where husband and wife swear by Allah, with the husband accusing adultery and the wife denying it. The Prophet's action demonstrates this is a valid method of resolving such disputes.

The separation by divorce after Li'an becomes mandatory, as the marital bond cannot continue after such serious allegations. This protects both parties from potential punishment for unlawful accusation (qadhf) or adultery (zina).

Scholarly Commentary

Classical scholars like Ibn Hajar al-Asqalani explain that Li'an serves as both evidence and judgment. Once completed, the marriage is irrevocably dissolved, and the couple can never remarry.

Imam al-Nawawi emphasizes that the child born after Li'an is attributed to the mother, not the husband, protecting lineage rights according to Islamic jurisprudence.

This ruling establishes that Li'an carries the legal force of both testimony and judicial decree, serving as a divine mechanism to resolve otherwise unprovable allegations while maintaining social order.