Is it permissible for a wife involved in Li`an to get married?


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Q: If a husband accuses his wife of Zina (sexual intercourse outside marriage), he may pronounce Li`an (allegation of adultery against a wife, accompanied by mutual invoking of Allah’s Curse/Wrath if lying) against her as enjoined by Allah in Surah Al-Noor (6-9). The husband, in his wife's presence, swears four times by Allah that he is telling the truth, i.e., about what he is accusing her of, namely Zina. And the fifth time he invokes the curse of Allah upon himself if he is lying. If she also pronounces Li`an and swears by Allah four times that he is lying, i.e., with regard to what he has accused her of; and the fifth time she invokes the Wrath of Allah upon herself if he is telling the truth, in this case the penalty for committing adultery is not established on the wife and the couple becomes irrevocably separated by virtue of this Li`an and not by divorce.This is as reported in the story of Hilal ibn Umayyah (may Allah be pleased with him) who accused his wife of Zina before the revelation of this Ayah. The Prophet (peace be upon him) after the revelation of this Ayah said to him: O Hilal! Receive glade tidings. Allah has provided you with a relief and a way out of the distress. The Messenger of Allah (peace be upon him) ordered the husband to be separated from his wife. He further ordered that the son shall not be attributed to any father and the Had (prescribed penalty) will be established to anyone who slanders the son. The wife shall not have a right to dwell in the marital home and shall not have an alimony as the separation is not made by means of divorce.My question is: Is it permissible for a woman who separates from her husband by means of Li`an to remarry? Please provide a simple and clear answer (Part No. 20; Page No. 326) along with evidences from the Qur'an and the Sunnah.


A: When Li`an has taken place between a husband and wife, the wife is separated from the husband forever and becomes permanently forbidden to him. However, she is allowed to remarry another man after her `Iddah (woman's prescribed waiting period after divorce or widowhood) has expired, if there are no impediments that hinder this and the conditions are met. This is based on the general meaning of the proofs from the Qur'an and Sunnah. May Allah grant us success. May peace and blessings of Allah be upon our Prophet Muhammad, his family and Companions.




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