454. Separating from an immoral wife.
When a man is accused of immoral behaviour, the person who accuses the man should present four witnesses to substantiate his claim, the failure to provide so would entail a punishment of eighty whiplashes for the accuser, is the Islamic jurisprudence. But verses 24:6-9 specify the action to be taken against a husband who fails to prove his allegations along with for witnesses about the immoral behaviour of the wife. A husband who cannot provide four witnesses to prove his allegations against the wife should take vow in the name of the Almighty four times, and the fifth time he should make a plea to God seeking God’s wrath on him, if the allegation were false. Following which the wife should make a vow four times in the name of the Almighty in refuting the allegations. And for the fifth time make a plea for God’s wrath on her if she was false in refuting the same. These are the details of the above cited verses of the Quran. Immediately on execution of these acts the marital relations between the two are cut, and they cannot live together any more. And if the husband disowns the child, she has given birth to, would be handed over to her. and the child will not be considered as his any more, and is the legal heir of the mothers properties and can’t lay claim to the properties of the father.
As per evidences provided below:
A man visited Prophet Muhammad and asked, Oh! Messenger of Allah, Can a man kill the person who was seen in a compromising position with his wife? In case the person has been killed by the husband, would the husband be subjected to retaliatory killing by you? And, what is the other option left in his case? It was at this time the Li’an law was revealed, and Prophet Muhammad said to the person a verdict has been delivered in the case between his wife and the man. Then the person and his wife undertook vows as per the Li’an law and got separated. I was there at that time with Prophet Muhammad during this incidence. From that day onwards the incident became the model for separation between a man and a woman. At that point of time she was pregnant, and the husband refused to accept the unborn child as his, and the child when born was called the son of the mother (the woman’s name) instead of the man’s name. (Later, law of inheritance as per Islamic jurisprudence was revealed enabling the child to get his share of inheritance.
Book :Bukhari, 4746, 4748
Sayeed Bin Zubair (R.A) said:
‘I asked Ibn Umar ‘What is the law on a person who accuses another of immoral sex’, to that Ibn Umar replied, Prophet Muhammad separated a couple belonging to the clan of Banu Ajlan, in the following way: He said Allah is very well aware either of the you two is a liar which would one of you would realize your mistake and ask for forgiveness from the Almighty and turn towards Him? Immediately both of them refused. Prophet Muhammad repeated the same question three more times only to be refused by the couple again and again. Then the prophet separated the couple.
One of the narrators of this hadith Ayyub (Rah) tells Amr Bin Deenar (Rah), ‘you failed to mention a certain thing Syeed Bin Zubair has pointed out’. The message is about the fate of the Mahar given by the man. The reply to this question was ‘the Mahar that was given by him squares off with the sexual relation he had enjoyed with the women as long the accusation is found to be true. In case the accusation was found to be untrue, the wealth that he has presented as Mahar is removed far from him for the reason he enjoyed the women and on top of this accused the woman falsely.
Book : Buhari 5311
If the husband does not wish to expose her and seek separation from her, this can be done by all means.
Or if the husband wishes to forgive her, the right rests with him.
