The word li‘ān is derived from la‘na meaning curse. Li‘ān and mulā‘ana signify literally mutual cursing. Technically, however, the two words indicate that particular form of bringing about separation between the husband and the wife in which the husband accuses the wife of adultery but has no evidence to support the accusation, while she denies it. The Holy Qur’ān makes adultery a severely punishable crime, since it aims at the destruction of the whole social fabric. At the same time it makes an accusation of adultery an equally serious crime, punishable like adultery if strong evidence of adultery be not forthcoming. This is to stop the tongue of slander, which is generally very busy, and does not spare even the most innocent persons. One man has no concern with another’s private affairs, but if a man has strong reasons to believe that his own wife is adulterous, the case is quite different. The li‘ān is suggested in this case, as the means of bringing about separation between husband and wife, for, whether the accusation is right or wrong, it is in the interests of both to get separated. The following verses deal with this subject: “And those who accuse their wives and have no witnesses except themselves let one of them testify four times, bearing Allāh to witness that he is of those who speak the truth. And the fifth time that the curse of Allāh be on him if he is of those who lie. And it shall avert the chastisement from her if she testify four times, bearing Allāh to witness, that he is of those who lie. And the fifth time that the wrath of Allāh be on her if he is of those who speak the truth” (24:6-9). After the parties have thus borne witness, they are separated forever. It will be noticed that there is no mutual cursing in this case; only each of the parties, while bearing witness of his or her own truthfulness, calls for the curse or wrath of God on himself or herself if he or she tells a lie.
Divorce is looked upon as a necessity in marital relations, under the varying human conditions, irrespective of moral turpitude on the part of husband or wife. The Holy Qur’ān takes the most charitable view of the necessity for divorce,