Answer
Lian defined:
The literal meaning of Lian is Mutual cursing ‘it is a form of divorce which takes place under the following circumstances:
If a man accuses his wife of adultery, and does not prove it by four witnesses, he must swear before God that he is the teller of truth s. and then add. “If I am a liar, may God curse me”. The ii says four times; “I swear before God that my husband lies; H adds May Gods anger be upon me if this man be teller of truth” after this a divorce takes place ipso facto (Suratu’n-Noor XXIV; Mishkat book XIII Ch.XV).
In Law Lain:
In the language of the law, signifies testimonies confirmed by oath, on the part of a husband and wife where the testimony
is strengthened by an imprecation of the curse of God, on the part of the husband, and of the wrath of God on the part of the wife in case of the former accusing the latter of adultery. (Mac. N. Muhammadan law).
Lain Spouses in the case of ‘Lian’ may be absolved of liabilities in respect of each other after Lian proceedings are conducted, but as far as the male partner (accusod by name of having committed Zina with the lady/wife) is concerned he has the right to demand Qazf proceedings against the said husband who will not stand automatically absolved from the criminal liability after the proceedings of Lian in his case.
‘Lian”: Imputation to the fidelity against a woman must be sincere and of free will i.e., free from threats anger or a pretext to get separation from her in the modem civilized society or to defame a family to take some revenge.
Essential Lian:
Four eye-witnesses were essential to prove guilt of Zina, whether the accuser is a husband or any other person otherwise the accuser will be liable to Qazf. Medical evidence or for that matter circumstantial evidence cannot be held to be, a substitute of four eyewitnesses to obviate Lian. Same standard of witnesses as to their number and quality is required as was needed for awarding Hadd punishment as Lian results in removing the Hadd. If the accuse (husband) produces three witnesses his own evidence can be considered to fulfil the required number of witnesses.
According to Article 14 of Hadood Law. Lian:
When a husband accuses before a Court his wife who is ‘muhsan’ within the meaning of Section 5 of ‘zina’ and the wife does, not accept the accusation as true the following procedure of ‘lian’ shall , apply, namely:
(a) the husband shall say upon oath before the Court: “I swear by Allah the Almighty and say I am surely truthful in my accusation of zina against my wife (name of wife) and, after he has said so four times, he shall say: Allah’s curse be upon me if I am liar’ in my accusation of ‘zina’ against my wife (name of wife); and
(b) the wife shall, in reply to the husband’s statement made in accordance with clause (a) say upon oath before the Courts: I swear by Allah the Almighty that my husband is surely a ‘liar’ in his accusation of ‘zina against me and, after she has said so four times, she shall say Allah’s wrath be upon me if he is truthful in his accusation of ‘zina’ against me.
2. When the procedure specified in sub-section (1) has been completed the Court shall pass an order dissolving the marriage between the husband and wife, which shall operate as a decree for dissolution of marriage and no appeal shall lie against it.