What Is Mentioned in the Question Is Not Li‘aan
Fatwa No: 429916

Question

I always suspected my husband, so one day I said him; if you are innocent then take oath by Allah 4 times that you do not did adultry and fifth time said that he is innocent, if not then the rath of Allah fall upon him. He also said me to do the oath that I am also did not audeltry, I also take the oath same. But we did not known it is lian. But no one else was present there. Is it made us haram each other forever.?my question is 1:can lian performed in home without witness? 2. What should I do after the incident, I already do taw bahesti.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

What is mentioned in the question is not related to Li‘aan in any aspect. Some scholars reported a consensus that for Li‘aan to be valid, it is a condition that it should be conducted in the presence of the judge. One of those who reported the consensus is Ibn Rushd  may  Allaah  have  mercy  upon  him in Bidaayat Al-Mujtahid, where he said: “Scholars were unanimous that it is a condition for the validity of Li‘aan that it should be conducted based on the decision of the judge.” [End of quote]

Accordingly, the expressions mentioned in the question do not entail the consequences of Li‘aan, and so you are not unlawful to your husband on account of them.

We point out the gravity of casting accusations of Zina (unlawful sexual intercourse) without proof, which is tantamount to Qadhf (false accusation of immorality which lacks proof), which is one of the major sins whose perpetrator is to be subject to the relevant corporal punishment.

Each of you should think well of the other in the future. A Muslim is assumed to be free of guilt by default, so it is impermissible to harbor bad assumptions of them. Allah, The Exalted Says (what means): {O you who have believed, avoid much [negative] assumption. Indeed, some assumption is sin.} [Quran 49:12]

This meaning is further confirmed when it comes to the relationship between the spouses, considering that each of them is enjoined to live with the other in kindness. Allah, The Exalted, Says (what means): {And due to the wives is similar to what is expected of them...} [Quran 2:228]

For more benefit on Li'aan, please refer to Fataawa 193277, 428203, 122944, 88978, and 84301.

Allah Knows best.

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