Vii. Sworn Allegation (li'an)

'Sworn allegation' is a procedure whereby a man may take his wife before a qadi and either accuse her of infidelity or deny his fathering her child. The man then pronounces this formula four times: 'I testify before God that I speak the truth concerning what I say about this woman.' The qadi will then counsel the man concerning the gravity of his accusation. If he should repent of his words, he will receive the punishment for false accusation (eighty lashes). If he maintains the truth of his accusation, he must repeat a second formula four times: 'God's curse be upon me if I am a liar'.

The judge then turns to the wife. She may either face the penalty for adultery (stoning to death) or repeat this formula four times: 'I testify before God that he is a liar'. The judge will counsel her concerning the gravity of falsely swearing before God. If she continues to maintain her innocence, she must pronounce a second formula four times: 'God's wrath be upon me if he is telling the truth '. If she refuses to pronounce the formula, she will suffer the penalty for adultery.

After sworn allegation, the man and woman are forbidden to each other forever, without divorce. If the husband denies the parentage of a child, the child is illegitimate. If the man should ever repent of his allegation, he must suffer the penalty for false accusation. In case a child is involved, its legitimacy will then be restored; according to the Sunnis, in such a case the father and the child inherit from each other, but according to the Shi'is, the father may not inherit from the child. [^78] The woman continues to be forbidden to the man.

VIII. Inheritance (Mirath)

Husband and wife inherit from each other according to set rules. The only condition for inheritance is a valid marriage contract, not consummation of the marriage.

If the wife should die childless, the husband inherits one-half of her property; if she had a child or children, he inherits one-fourth. If the husband should die childless, the wife inherits one-fourth of her property; if he had children, she inherits one-eighth.

If the deceased wife should have no other relatives, all property goes to the husband. If the deceased husband should have no other relatives, the wife will inherit one-half the property and the rest will go to the bayt al-mal (the community treasury), except according to one of two Shi'i opinions, which holds that she inherits all the property. [^79] If the deceased husband had more than one wife, the wife's share is divided among them equally.

The husband inherits from everything left by the wife. According to the Sunni schools, the wife also inherits from everything left by the husband; in general the Shi'is hold that if she does not have any children from the husband, she inherits from all property except land, though she does inherit from the value of property situated upon the land, such as buildings, trees, implements, etc. [^80]

If a woman should be in a period of revocable divorce when she or her husband dies, her situation is the same as that of an ordinary wife. But when irrevocable divorce has taken place, there is no inheritance, with the exception of divorce during illness. If the husband should be ill and divorce his wife irrevocably, and if she should then die, he does not inherit from her; but if the husband should die as a result of the illness, the schools differ as to the situation. The Hanbalis hold that the wife inherits as long as she has not remarried. The Hanafis say that she inherits as long as she is still in her waiting period. The Malikis hold that she inherits in any case. The Shafi'is have two opinions, one that there is no inheritance, the other that the situation is as the Hanafis say. The Shi'is maintain that she may inherit within one year of the divorce provided she has not remarried. [^81]

Footnotes:

[^1]. 'Abd al-Rahman al-Jaziri, al-Fiqh 'ala al-madhahib al-arba'a (hereafter cited as Fiqh), Cairo, 1969, IV, 24. [^2]. Al-Shahid al Thani (Zayn al-Din Muhammad ibn 'Ali al-Jab'i al-'Amili [d. 965/1558]), al-Rawdat al-bahiyya fi sharh al-lum'at al-Dimashqiyya (hereafter cited as Sharh al-luma), Beirut, 1967, v, 108. [^3]. Fiqh, IV, 13. [^4]. Ibid., 18. [^5]. Ibid., 25. [^6]. Sharh al-lum'a. v. 234. [^7]. Fiqh, IV, 54-60. [^8]. Sharh al-lum'a, V, 181; Muhammad 'Ali al-Tabataba'i (d. 1231/1816), Riyad al-masail (also known as al-Sharh al-Kabir), Tabriz, 1308/1890-9 1,II, 94. [^9]. Fiqh, IV, 63. [^10]. Ibid.,65. [^11]. Ibid.,66. [^12]. Ibid.,67-68. [^13]. Sharh al-lum'a, v, 176-82; Riyad, II,96-97. [^14]. Fiqh, IV, 268; Riyad, II, 86. [^15]. Fiqh, IV, 256. [^16]. Ibid.,253-55. [^17]. Ibid.,268-69. [^18]. Riyad, II, 86. [^19]. Fiqh, IV, 253. [^20]. Riyad, II, 86. [^21]. Fiqh,lv,257. [^22]. Riyad, II, 87. [^23]. Fiqh,IV, 257. [^24]. Ibid., 256; Sharh al-lum'a, II, 63. [^25]. Fiqh, IV, 254,255, and 261. [^26]. Sharh al-lum'a, v, 156; Riyad, II, 105-06. [^27]. Fiqh, IV, 77-84; Riyad, II, 181; Sharh al-lum'a, VI, 46. [^28]. Fiqh,IV, 27. [^29]. Ibid., 46--47. [^30]. The major sources for this ruling are two hadith: 'If any of your women marry without the permission ofher guardian, the marriage is invalid (batil)' (Abu Dawud, Nikah 19; al-Darimi, Nikah 11). 'A woman may not be given in marriage by a woman, nor may a woman give herself in marriage' (Ibn Maja, Nikah 15 Malik, Nikah 5). [^31]. Fiqh, IV, 46--47; Sharh al-lum'a, V, 112; Muhammad b. al-Hasan al-Hurr al-'Amili (d. 1104-1693), Wasa'il al-shi'a, Tehran, 1385/1965-66, XIV, 220-221, hadith 1-3. [^32]. Fiqh, IV, 46. [^33]. Ibid.,51-52. [^34]. Ibid., Sharh al-lum'a, v, 116. [^35]. Fiqh, IV, 51-52. [^36]. Ibid.,51. [^37]. Ibid.,25. [^38]. Ibid. [^39]. Sharh al-lum'a, V, 112; Riyad, II, 70. [^40]. Fiqh, IV, 108. [^41]. Ibid.,109. [^42]. Ibid., III. [^43]. Ibid.,115. [^44]. Sharh al-lum'a, II, 101; Riyad, II, 135. [^45]. Fiqh, IV, 120-21; Sharh al-lum'a, II,101; Riyad, II, 135. [^46]. Fiqh,lv,118. [^47]. Ibid.,116. [^48]. Sharh al-lum'a, v, 371-72; Riyad, II, 149 [^49]. Fiqh, IV, 165. [^50]. Ibid., 163; Riyad, II, 109-10. [^51]. Fiqh, IV, 581; Sharh al-lum'a, v, 237-38; Riyad, II, 109-10. [^52]. Fiqh, IV, 189-92. [^53]. Ibid.,197. [^54]. Ibid.,181-98. [^55]. Sharh al-lum'a, v, 387; Riyad, II, 132-35. [^56]. Fiqh,IV, 280. [^57]. Sharh al-lum'a,vi, 11; Riyad,II, 168-75. [^58]. Fiqh, IV, 284. [^59]. Sharh al-lum'a, VI, 14-21; Riyad, II, 172. [^60]. Riyad, II,171. [^61]. Fiqh,lv,297. [^62]. Ibid.,310. [^63]. Sharh al-lum'a, VI, 31-32; Riyad, II, 176. [^64]. Fiqh, IV, 305, and 307. [^65]. Ibid., 302; Sharh al-lum'a, VI, 36-37; Riyad, II. 176. [^66]. The necessity for the muhallil is established by Qur'an 2:230. , And if he divorces her finally, she shall not be lawful to him after that, until she marries another husband. If he divorces her, then it is no fault in them to return to each other.' [^67]. Fiqh, IV, 435-41. [^68]. Sharh al-lum'a, VI, 104-07; Riyad, II, 196. [^69]. Fiqh, IV, 424. [^70]. Sharh al-lum'a, VI, 87-89, and 111-13; Riyad, II, 107. [^71]. Sharh al-lum'a, VI, 90-95. [^72]. Ibid., 62-63; Riyad, II, 187. [^73]. Sharh al-lum'a, VI, 65-66; Riyad, II, 188. [^74]. Fiqh, IV, 540-52; Sharh al-lum'a, VI, 57-65; Riyad, II,183-86. [^75]. Sharh al-lum'a, VI, 160; Riyad, II, 123. [^76]. Fiqh, IV, 485. [^77]. Riyad, II,122. [^78]. Sharh al-lum'a, VI, 210-12; Riyad, II, 217-18. [^79]. Sharh al-lum'a, VIII, 65-66; Riyad, II, 366. [^80]. Sharh al-lum'a, VIII, 172 74; Riyad, II, 367. [^81]. Sharh al-lum'a, VIII, 172; Riyad, II, 367, 369.