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Al Jinan الجنان

Al Jinan الجنان

Abstract

An oath of condemnation [Li’aan] or a sworn allegation of adultery committed by one’s spouse [Li’aan] is a provision of Islamic Sharia Law, provided in the Holly Quran in Surat An-Noor and the clarifications by the Messenger, may peace and blessings be upon him, explaining its conditions, modalities, sunnahs, rulings and effects. However, in order for the sworn allegation that the wife is slandered for adultery, in addition to the absence of four witnesses according to their conditions related to this matter, by the Islamic Sharia and Fuqahaa that explained this ruling, is required to be accepted. Accordingly, after the sworn allegation is said and done, the separation between the two parties who have been accused lies on the judge’s ruling, or simply the husband’s sworn allegation or both their sworn allegations, based on the different sayings of the Fuqahaa on this issue. Taking into consideration the possibility of an existing pregnancy or child, an important aspect that is related to the denial of the lineage of the pregnancy (the fetus) or the newborn, if any, would be ruled by the judge. The resulting separation is a type of divorce, and for what it entails, falls under the jurisdiction of the Sharia courts in Lebanon.

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