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Petitioner: ABDUL GHAFOOR VS Respondent: FEDERATION OF PAKISTAN
1992 M L D 2326
1992 M L D 2326
[Federal Shariat Court]
Before Tanzilur Rahman, CJ., Fida Muhammad Khan and Mir Hazar Khan Khoso, JJ
Capt. ABDUL GHAFOOR‑‑‑Petitioner
versus
FEDERATION OF PAKISTAN through M/o Law, Justice and Parliamentary Affairs, Islamabad‑‑‑Respondent
Shariat Petition No.85/I of 1991, decided on 9th July, 1992.
Per Tanzilur Rahman, CJ. and Mir Hazar Khan Khoso, J. agreeing‑‑‑
'(a) Islamic jurisprudence‑‑‑
‑‑‑‑ Li'an‑‑‑4aw relating to li'an as envisaged in the Holy Qur'an stated.
Al‑Qura'n Surah AI‑Noor (XXIV:, 6,10); Fath al‑Bari by Ibn Hajar `Asqalani, d.852 A.G., pub. Cairo, 1959 A.D. Vol.11, pp.460‑61; Al‑Hidayah; Burhanuddin Al‑Marghinani (d.593 A.H.) Qur'an Mahal, Vol.11, Kitab Al -Talaq, p.416; Kitab Al‑`Umm, Imam Shafi'i, (d.204 A.H.), Vol. V, p.286; Hidayah: Marghinani. (d.593 A.H.), Qur'an Mahal, Vo1.II, Kitab AI‑Talaq, p.418; Al‑Mukhtasar by Allama Abul Hasan Al‑Quduri (d.428 A.H.) Qur'an Mahal, Karachi, p.168; Sunan: Abu Da'ud, pub. Wali Muhammad & Sons, Karachi, 1369 A.H.; Bab AI‑Li'an, p.305; Bidayah AI‑Mujtihid; Ibn Rushd, pub. Egypt, 1379 A.H. Vol.11, p.115; Al‑Hidayah Marghinani (d.593 A.H.) Qur'an Mahal, Vo1.2, Kitab Al‑Talaq, pp. 418‑19; Al‑Mizan al‑Kubra by Imam Shi'rani, pub. Egypt, Vol.11, p.127; Kitab Al‑Umm by Imam Shafi'i (d.204 A.H.), pub. Maktab al‑Kuliyya al‑Azharia, 1381 A.H: VoI.V, p.290; Muhammad b, Ahmad; Jawahar al‑'Uqud, p.178 and Al‑Hilli: Shara'i 'al‑Islam, Tehran, pp.231‑32, Beirut, Vol.11, pp.81, 91 ref.
Per Fida Muhammad Khan, J: ‑‑
and commented by Abdullah Yousaf Ali, Vol. 11, p. 897 ; The Message of the Qur'an, translated and explained by M. Asad, p. 534 and Al‑Noor : 10, commented by Maulana Shabir Ahmad Usmani (English translation by Muhammad Ashfaq Ahmad, p. 1559) ref.
(b) Islamic Jurisprudence‑‑‑
‑‑‑‑ Li'an‑‑‑Li'an is not a procedure of evidence but is an oath and assumes the status of substantive law.
Li'an is not a procedure of evidence, as observed in the aforesaid two judgments.
Li'an is a part of substantive law, not that of the procedure included in the law of evidence. In Islam the accusation of adultery is such a crime that a legal punishment is fixed for it, which is called Hadd Qadhf, punishment for slander (falsely accusing one's own wife of adultery). In order to keep safe men from Hadd Qadhf and women from Hadd Zina (punishment for adultery) and to restrict the virulent evil of accusation of adultery from spreading in the society Allah the Almighty has particularly ordained the law of Li'an, The Holy Qur'an prescribes the method in which Li'an is administered. That method too by itself has the force of substantive law. No action under Li'an shall be taken at variance with it. The fact is that Li'an is not evidence; it is an oath and assumes the status of substantive law. That is why all the jurists and traditionists have mentioned the Li'an in Kitab AI‑Talaq, (Book of Divorce) and not that in Kitab al‑Shahadat (Book of Evidence). The word `Shahadat' (evidence) for the word 'Qasam' (oath) has also been used at another place in the Qur'an.
The substantive law is that part of the law which creates, defines and regulates rights whereas the law which governs the manner in which the rights are conforced and wrongs rectified fall within the ambit of procedural law. In fact, substantive law, or one may call it the actual law, is opposed to adjectival or procedural law.
Mst: Leelan v: Rahim Bakhsh PLD 1951 B J 91: chulam Bakhsh v. Hasain Begum PLD 1957 Lah. 998; Black's Law Dictionary, Fifth Edn.; Ballentine's Law Dictionary, Third Edn. and Osborne's Concise Law Dictionary, Sixth Edn.: Procedural Law, Substantive Law ref.
Per Fida Muhammad Khan, J.‑‑‑
(c) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979'‑‑‑
‑‑‑‑S.14‑‑‑Li'an as provided in S.14 is not law. of procedure but a substantive law.
(d) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)‑‑‑
‑‑‑‑S.14‑‑‑Li'an‑‑‑Four eye‑witnesses were essential to prove guilt of Zina, whether the accuser is a husband or any other person, otherwise the accuser will be liable 'to Qazf‑‑‑Medical evidence or for that matter circumstantial evidence cannot be held to be a substitute of four eye‑witnesses to obviate Li'an‑‑‑Same standard of witnesses as to their number and quality is required as was needed for awarding Hadd punishment as Li'an results in removing the Hadd‑‑‑If the accuser (husband) produces three witnesses his own evidence can be considered to fulfil the required number. of witnesses.
Al‑Qur'an : SUrah AI‑Nur, XXIV : 5, 6 ; At‑Nisa, IV : 1.5; Al‑Qurtubi on Al‑Jam'i li‑Ahkam al‑Qur'an, Vol. 2, p. 185 ; The Message of Qur'an, p. 533 ; The Meaning of the Qur'an, Vol. 8, p. 71 ; Tafseer Usmani, p. 1558 Sunan Abu Dawood, Vol. 1, p. 352 ; Al‑Siyuti : Al‑Dur al‑Manthur, Vol. 5, p. 23 ; Al‑Siyuti : AI‑Sunan al‑Nisai, Vol. 6, p. 172 ; Al‑Jassas : Ahkam al‑Qur'an, Vol. 3, p. 286 ; Ahkamul Qur'an, Vol. 3, p. 295 ; A1‑Jassas, Ahkamul Qur'an, Vol. 3, p. 295 ; Al‑Mubsut, Vol. VII, p. 30 ; Ibn Abideen Shami in Raddul Mubtar, Vol. II, p. 635 and Sunan A‑Nas'i, Beirut, Vol. 5, p. 172 ref.
Per Fida Muhammad Khan, J: ‑‑
(e) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)‑‑‑
‑‑‑‑S.14‑‑‑Li'an‑‑‑If the spouse confesses the guilt before a competent Court of law, there will, then, be no need for having recourse of Li'an.
(f) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)‑‑‑
‑‑‑‑S.14‑‑‑Constitution ‑of Pakistan (1973), Art.203‑D‑‑‑Repugnancy to Injunctions of Islam‑‑‑Provisions of S.14, Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 are not repugnant to Injunctions of Islam, but there is lacuna which may be filled in by adding the words in the beginning of S.14(1) that "in the absence of evidence of four eye‑witnesses", the Court shall proceed to record the Li'an‑‑‑Federation of Pakistan, therefore, was directed by the Federal Shariat Court to make the said amendment in S.14 within six months from the date of the judgment and for failure to do so, the proposed addition shall be deemed to have been. made and the same will form part of S.14(1) of the Ordinance.
Per Fida Muhammad Khan, J‑‑‑
In section 14, Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 there is an omission in respect of non‑mentioning of the absence of required evidence when "Li'an" proceedings are to be conducted and hence there is a need to bring it in conformity with the Islamic Injunctions by adding the word: "In the absence of evidence of four eye‑witnesses" before the words "when a husband accuses before a Court ", in the beginning of section 14(1) of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979.
Per Fida Muhammad Khan, J‑‑‑
(g) Islamic jurisprudence‑..
‑‑‑‑Li'an‑‑‑Procedure of Li'an is to be adopted only when the required evidence is not available and there is solitary statement containing accusation of Zina or of illicit pregnancy against his wife by the husband.
(h) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979)‑‑‑
‑‑‑‑S.14‑‑‑Li'an‑‑‑When proceedings of Li'an can be resorted to.
So far as the proceedings of Li'an are concerned, they are to be resorted to only when the husband accuses his wife of Zina or illicit pregnancy before the Court but does not have the required evidence of four eve‑witnesses to the commission of Zina and his wife denies the allegation. Similarly when after her husband's oaths, the wife refutes the allegation of Zina in the particular manner as laid down in the Holy Qur'an. she takes herself out of the pale of that charge and completely absolves herself from all criminal liability in this connection.
Fazal Elahi Siddiqui for Petitioner.
Iftikhar Hussain Chaudhry, Standing Counsel for Respondent.
Date of hearing: 11th May, 1992.
JUDGMENT
TANZILUR RAHMAN, C.J.‑‑‑By this petition the provisions of section 14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, relating to Li'an have been challenged as repugnant to the. Injunctions of Islam. The relevant provisions read as under:‑‑
"14. Li'an.‑‑‑(1) When a husband accuses before a Court his wife who is Muhsan within the‑meaning of section 5, of the Zina and the wife does not accept. the accusation as true, the following procedure of Li'an shall apply, namely:‑‑
(a) the, husband shall say upon oath before the Court: "I swear by Allah the Almighty and say I am surely truthful in my accusation of Zina against my wife (name of wife) and, after he has said so four times, he shall say: "Allah's curse be upon me if I am a liar in my accusation of Zina against my wife (name of wife)"; and
(b) the wife shall, in reply to the husband's statement made in accordance with clause (a), say upon oath before the Court: "I swear by Allah the Almighty that my husband is surely a liar in his accusation of Zina against me"; and, after she has said so four times, she shall say: "Allah's wrath be upon me if he is truthful in his accusation of Zina against me."
(2) When the procedure specified in subsection (1) has completed, the Court shall pass an order dissolving the marriage between the husband and wife, which shall operate as decree for dissolution of marriage and no appeal shall lie against it.
(3) Where the husband or the wife refuses to go through the procedure specified in subsection (1), he or, as the case may be, she shall be imprisoned until‑‑
(a) in the case of the husband, he has agreed to go through the aforesaid procedure; or
(b) in the case of the wife, she has either agreed to go through the aforesaid procedure or accepted the husband's accusation as true.
(4) A wife who has accepted the husband's accusation as true shall be awarded punishment for the offence of Zina liable to Hadd under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979."
2. As to the alleged repugnancy of the said provisions of section 14 to the Injunctions of Islam; it has been stated in paragraph 2 of the petition, as under:‑‑
"That the provision of Li'an as framed above is against the law of Qur'an because Li'an will take place only when the husband does not have the evidence. But where the husband charges his wife for Zina and the evidence is available in the form of medical evidence, confession of the wife at an earlier stage and some ocular evidence although of less than 4 witnesses, Li'an will not take place despite the provisions of section 14, because the necessary consequence of the proceedings of Li'an will be the woman will no longer be liable or answerable on the charge of Zina. The proceedings of Li'an can take place only and only where no evidence whatsoever is available. In the provision of Li'an therefore, there is an obvious omission i.e. that the provision. of Li'an should s(art with the words "in the absence of evidence", so that the provision 14. Li'an (1) will read as follows:‑‑
"14. Li'an.‑‑‑(1) In the absence of evidence when a husband accuses before a Court his wife who is `Muhsan' within the meaning of section 5, of `Zinc' and the wife does not accept the accusation as true, the following procedure of Li'an shall apply, namely:‑‑
..
3. It was, therefore, prayed that the provisions relating to Li'an of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, be declared repugnant to the Injunctions of Islam as laid down in the Holy Qur'an and Sunnah of the Holy Prophet (p.b.u.h.) ‑and that "the Court may supply the obvious omission and direct the Federation of Pakistan to amend the law as suggested in para. 2 above.
4. A written statement was filed on behalf of the Federation of Pakistan, the respondent, wherein it was, inter alia, submitted. that:
(i) The substantive and procedural law relating to Li'an is contained in Holy Qur'an (XXIV: VI‑X) and traditions of Holy Prophet (p.b.u.h.) relating to cases of Aweemar and Hilal bin Umayya. For long, Li'an has been considered to be a form of divorce; at least it has not been considered, treated or, discussed as a subject under Islamic Criminal Law.
In Mishkat Sharif and other books of traditions and leading treatises on Shari'ah Li'an has been discussed with the subject of Talaq and other forms of divorce. For example, Li'an is discussed in Chapter X of Book 1V of Hedaya (by Hamilton). Book IV deals with divorce.
(ii) .................................................
(iii) A false imputation of adultery has been considered a valid ground for the wife to claim dissolution of marriage, though there was no provision in any law for resorting to Li'an: This deficiency was provided for in Ordinance VIII of 1979.
(iv) Section 14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, VIII of 1979, incorporates the procedure for Li'an. The perusal of the provision would show that the standard procedure laid down in the books on Shari'ah on Li'an has been incorporated in section 14. The substantive law and various related questions have not been codified in the Ordinance since the same is available in the Holy Qur'an and the Traditions.
(v) The question raised by the petitioner would be of significance only if the section dealt with the substantive law. In the system of codification now being followed, all the substantive law is not incorporated into the statute law, since that would defeat the very purpose of codification. It is submitted that it would not be advisable or possible to incorporate whole of Chapter I of Hedaya into section 14 of the Ordinance.
(vi) .
Under the circumstances, it is prayed that the petition may kindly be dismissed."
5. Mr. Fazal Ellahi Siddiqi, learned Advocate, placed his reliance, in support of the petition, on Verses 6 to 10 of Surah AI‑Noor (XXIV: 6,10) of the Holy Qur'an. On the other hand, Mr. Iftikhar Hussain Ch. learned counsel for the Federation, contended that section 14 prescribes only the procedure of Li'an, thereby implying that this Court has no jurisdiction to examine the said provision, as barred under Article 203‑B(c) of Chapter 3A, inserted in the Constitution of Pakistan, 1973 by President's Order No.1 of 1980. In order to appreciate the contention in its proper prospective, it seems pertinent to state first the salient features of the law relating to Li'an as envisaged in the Holy Qur'an and the Sunnah of the Holy Prophet (p.b.u.h.) and the opinions of great jurists of Islam.
6. Li'an is the root of "La'in" . This word is derived from La'n the literal meaning whereof is "to put away", because one who is subjected to La'n is put away from the all‑pervading mercy of Allah, the Almighty. (Fath al‑Bari by Ibn Hajar `Asqalani, d.852 A.G., pub. Cairo, 1959 A.D., Vol.11, pp. 460‑61). In Shari'ah terminology, making by the husband and denying by the wife of a charge of adultery both on oath and involving the curse and wrath of Allah by each on oneself, is swearing falsely, is called Li'an as stated in AI‑Hidayah, that is:
(Burhanuddin AI‑Marghinani (d.593 A.H.) Qur'an Mahal, Vol.I1, Kitab AI Talaq, p.416).
7. The Li'an revokes and replaces the legal punishment both in case of the husband's false accusation as well as in case of the wife's adultery. If the husband falsely accuses his wife of adultery and is not able to produce four eye witnesses it shall be incumbent upon him either to admit his accusation to be untrue, making himself liable to the legal punishment for false accusation i.e. Qazf, or perform Li'an.
8. The method of performing Li'an is that the husband in presence of the presiding officer of the Court shall say four times, "I swear in the name of Allah that I am assuredly true in what I say about the adultery of this woman (wife)". And at the fifth time the husband, shall say about himself, "Curse of Allah be on me if ‑I am untrue in the accusation of adultery that I have made against this woman (wife)", while pointing towards that woman. After this, the woman (wife) shall say four times, "I swear in the name of Allah that the husband is assuredly a liar in the accusation of adultery that he has made against me." At the fifth time about herself the woman shall say, "Allah's wrath descend on me if the husband is true in the accusation of adultery that he has made against me". (Kitab AI‑`Umm, Imam Shafi'i, (d.204 A.H.), WIN, p.286) (Hidayah: Marghinani (d.593 A.H.) Qur'an Mahal, Vol.11, Kitab Al‑Talaq, p.418) (AI‑Mukhtasar, Allama Abut Hasan Al‑Quduri (d.428 A.H.) Qur'an Mahal, Karachi, p.168).
9. As to the commandment, with respect to Li'an it is laid down in the Holy Qur'an:
(AI‑Qur'an, Surah Al‑Noor (The Lights): XXIV, 6‑9).
"(And for those who launch a charge against their spouses, and have (in support) no evidence but their own, their solitary evidence (can be received) if they bear witness for four times (with an oath) by Allah that they are solemnly telling the truth. And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an oath) by Allah, that (her husband) is telling a lie. And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth):'
10. As to the occasion of the Revelation of the above Verses, there is narrative about it that `Uwaymir al‑‑`Ajlani appeared before the Prophet and said, "O' Prophet, if someone finds his wife with someone else in a compromising situation and he beheads that person, would you in turn behead him? If that someone does not behead that the person what should he do in the circumstances?" On this occasion the directive for Li'an was received. (Sunani Abu Da'ud, pub. Wali Muhammad & Sons, Karachi, 1369 A.H. "Bab Al‑Li'an", p.305) (Bidayah AI‑Mujtahid; Ibn Rushd, pub. Egypt, 1379 A.H., Vol.II, p.115).
10‑A. It may, however, be observed that Li'an has been made applicable only in the situation when the husband is unable to produce four witnesses in support of his accusation against his wife. Therefore, when the four eye witnesses of adultery are produced, the Court has no power to pass order for Li'an. The very. words of the Holy Qur'an lay it own expressly: (XXIV.6), have (in support of the accusation) no evidence except their own selves".
11. The effect of Li'an is that the husband's having sexual intercourse with his wife becomes forbidden so long as the Li'an remains in force. If the husband after effecting Li'an retracts, i.e. he proves himself a liar, the prohibitory effect of Li'an shall cease. After Li'an (but before the Qadi effects separation between the couple) if the husband retracts i.e. he confesses that he had falsely accused his wife, in such event it shall be lawful for the husband (without entering into remarriage), to have sexual intercourse with the wife. If the Oadi effects the separation and thereafter the husband admits of his being a liar, the couple, by mutual consent may re‑enter into fresh marriage contract. But if the Li'an continues, the wife, in such event shall continue to remain forbidden to the husband. This is how the matter stands according to Abu Hanifah and Muhammad Al‑Shaybani. According to Abu Yusuf, however, a perpetual prohibition is created on account of Li'an and they can never unite in marriage in any case, as the Prophet (peace be on him), had said: "Those who effect Li'an (both the parties) shall never unite". According to Imam Malik, ShaG'i and Ahmad as well, everlasting separation shall get effected and in no wise they both would be able to reunite. (AI‑Hidayah; Marghinani (d.593 A.H.) Qur'an Mahal, Vo1.2, Kitab Al‑Talaq, pp. 418‑19). But Abu Hanifah maintains that after its falsification neither the Li'an nor the effect of Li'an subsists. Hence the wife can again become lawful to the husband. (AI‑Mizan al‑Kubra; Imam Shi'rani, pub. Egypt, Vol.II, p.127). Of course the hadd Qazf will be inflicted on the false accuser.
12. Al‑Shi'rani, the author of "Al‑Mizan al‑Kubra, writes that the averments of 'Umar, Ali, lbn Mas'ud, Ibn Umar, 'Ata, Zuhri, Awza'i, Thawri and Sa'id b. Judayr are also in accord with that of Abu Hanifah to the effect that on account of Li'an restriction is placed on marital rights. When the husband belies himself i.e. he admits himself to be a liar, the restriction shall get removed.
13. AI‑Shi'rani further writes that according to Malik, and by a report according to Ahmad b. Hanbal, the separation on account of Li'an shall get effected but it should be accompanied by the order of separation from the Qadi. The assertion of Abu Hanifah is to the same effect. It is a well‑known assertion of Ahmad b. Hanbai that separation shall not get effected without the Li'an of the wife and the order of the Qadi. The Qazi shall have. to decree the separation between the two. According to Shafi'i, however, separation shall get effected, on Li'an being effected by the husband, particularly because on husband's Li'an the denial of parentage from the father's side is established. (Al‑Mizan al‑Kubra; Imam Shi'rani, pub. Egypt, Vol.II, p.127).
14. As to separation through Li'an according to Hanafis', when the husband and the wife both have pronounced Li'an the Qadi shall get separation effected between the two. According to Abu Hanifah and the Sahibyan, as long as the Qadi does not effect separation between the two, no separation takes place between the husband and the wife (though the husband's having sexual intercourse with the wife shall be forbidden). Contrary to this, Zufar and Shafi'i arc convinced of separation by Li'an itself. Therefore, according to them, if one of the couple dies after Li'an they shall not inherit each other. (Kitab Al‑Umm: Imam Shafi'i (d.204 A.H.), pub. Maktab al‑Kuliyya al‑Azharia, 1381 A.H., VoIN, p.290).
15. According to Hanafis the event of Li'an shall fall in the order of an irrevocable divorce. According to the three A'immah, however, it shall come under the order of dissolution of marriage. The observance of the terms of probation shall be incumbent upon the wife and she shall be entitled to maintenance and separate residence. (AI‑Mizan al‑Kubra : Allama Shi'rani, pub. Egypt, Vol.II, p.127).
12. According to Malikis, Imam Malik has expressed the opinion that a separation takes place when the husband and ‑the wife have taken the prescribed oaths even before the Qadi's order (Muhammad b. Ahmad; Jawahar al‑'Uqud, p.177).
13. According to Imam Shafi'i the husband's imprecation results in a separation between the parties without any order of the Qadi. (Muhammad b. Ahmad: Jawahar al‑'Uqud, p.178).
14. According to Shi'is the mandate relating to Li'an is established by the Li'an itself. The marriage gets dissolved ipso facto after the parties have taken the oaths. The separation on account of Li'an is Faskh (dissolution) and not a divorce.. (Al‑Hilli: Shara'i 'al‑Islam, Teheran, pp.231‑32, Beirut, Vol.II, pp.81 and 91:
15. Section 2(ix) of the Dissolution of Muslim Marriages Act, 1939, provides for dissolution of marriage "on any other ground recognized as valid for the dissolution of marriage under Muslim law". Hence, the wife has to claim the dissolution of her marriage under the doctrine of Li'an both in India and Pakistan. Recognizing the need for Court's decree, the Hanafi rule has been preferred in section 14 of the Qazf Ordinance.
16. The High Courts of erstwhile West Pakistan seem to give no recognition to Li'an. In the case of Mst. Leelan v. Rahim Bakhsh (reported in PLD 1951 B J 91), the High Court of Baghdadul Jadid (Bahawalpur) held that "the procedure prescribed by Muslim law for establishing the legal rights arising from the doctrine of Li'an was not permissible in our Courts for the simple reason that the Muslim Law of Evidence has been superseded by the Evidence Act". In this case Mst. Leelan had sought separation from her husband Rahim Bakhsh on the ground, amongst others, that her husband accused her of having illicit connections with some other person. The husband in his 'written statement had admitted of his accusing the wife of unchastity and of being unfaithful to him.
17. In another case of Lahore High Court, Ghulam Bakhsh v. Hasain Begum (reported in PLD 1957 Lahore p.998), Mr. Justice Kiyani and Mr. Justice B.Z. Kaikaus held: "The procedure for Li'an was the result of circumstances which no longer exist. This procedure would be wholly out of place in the present state of law, and, at the same time there would be no jurisdiction of the Civil Court to compel compliance with it".
18. With due respect to legal accumen of the learned Judges of the erstwhile High Court of West Pakistan, Li'an is not a procedure of evidence, as observed in the aforesaid two judgments.
19. Li'an is a part of substantive law, not that of the procedure included in the Islamic law of evidence. In Islam the accusation of adultery is such a crime that legal punishment is fixed for it, which is called Hadd Qadhf, punishment for slander (falsely accusing one's own wife of adultery). In order to keep…
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