Does separation occur between the spouses and do they become like divorced persons if the husband refuses to swear an oath when the wife requests the establishment of the حد اللعان (Li'an) after he accused her of indecency, especially if the husband refuses divorce unless the wife waives all her rights?
The Sharia intensely protects the honor of a Muslim and threatens whoever accuses a Muslim of indecency with curses and a great torment. The marital relationship continues unless oaths of Li'an (mutual imprecation) occur in the presence of a judge or their representative, or an arbitrator who meets the conditions of judgeship. If the husband accuses his wife of indecency, he must prove it with four upright witnesses or the wife's confession, or he must perform Li'an with her; otherwise, the punishment for false accusation (qadhf) will be carried out against him (eighty lashes and rejection of his testimony). It is not permissible for the husband to harm the wife to force her to waive her rights in exchange for divorce, and recourse should be made to the Sharia courts.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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