A Research on the Nature of Mutual Cursing
Author(s):
Abstract:
Mutual cursing (liān) is used in special wording and condition in the presence of a judge in case of mans claim of the womans adultery or in case of rejecting paternity of the child by the husband; in that case the punishment of false accusation of unchastity (qadhf) and adultery (zinā) are removed respectively from the man and the woman; and the wife and the husband become unlawful (haram) to one another and would not inherit from each other for ever, etc. Jurists are divided upon the nature of liān. Some have considered it to be attestation, some oath, and some a combination of oath and attestation, and each have come up with evidences for their claim.
After examining the evidences of each of the three groups given the differences of oath and attestation with liān and given the specific outcomes resulting from liān, this article concludes that liān is none of the above-mentioned instances; rather, the Exalted God, in case of the husbands claim as to his wifes adultery, has devised a method under the rubric of liān for eliminating punishment of qadhf from him, which gives rise to special rulings and results. Similarly, rejection of paternity has its special rulings and results. In one respect, liān is an independent event and it is not necessary to be one of oath or attestation or a combination of both so as to say it should have their rulings and results.
After examining the evidences of each of the three groups given the differences of oath and attestation with liān and given the specific outcomes resulting from liān, this article concludes that liān is none of the above-mentioned instances; rather, the Exalted God, in case of the husbands claim as to his wifes adultery, has devised a method under the rubric of liān for eliminating punishment of qadhf from him, which gives rise to special rulings and results. Similarly, rejection of paternity has its special rulings and results. In one respect, liān is an independent event and it is not necessary to be one of oath or attestation or a combination of both so as to say it should have their rulings and results.
Keywords:
Language:
Persian
Published:
Islamic Jurisprudence & Its Principles, Volume:49 Issue: 109, 2017
Pages:
107 to 127
magiran.com/p1749913
دانلود و مطالعه متن این مقاله با یکی از روشهای زیر امکان پذیر است:
اشتراک شخصی
با عضویت و پرداخت آنلاین حق اشتراک یکساله به مبلغ 1,390,000ريال میتوانید 70 عنوان مطلب دانلود کنید!
اشتراک سازمانی
به کتابخانه دانشگاه یا محل کار خود پیشنهاد کنید تا اشتراک سازمانی این پایگاه را برای دسترسی نامحدود همه کاربران به متن مطالب تهیه نمایند!
توجه!
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.
In order to view content subscription is required
Personal subscription
Subscribe magiran.com for 70 € euros via PayPal and download 70 articles during a year.
Organization subscription
Please contact us to subscribe your university or library for unlimited access!