Re-reading the condition of "seeing" the infidelity of the spouse to prove blasphemy in the approach of criminal policy of Islam

Abstract

The wise solution of Le’an's institution in Islamic criminal policy, based on God's grace, legislates to overcome difficulties in married life. Its wisdom lies not only in solving challenges faced by families involved in infidelity crises but also in preventing self-effort and arbitrary actions to solve such problems. However, the effectiveness of this institution is limited by the requirement of "seeing" the wife's betrayal. Therefore, the research question is whether, according to the jurisprudence of Islamic schools, proof of blasphemy depends on the husband witnessing his wife's adultery or not. Islamic religions differ regarding this "seeing" condition. The Imami jurists, except Shahid Sani, and one view of the Maliki jurists consider witnessing the wife's adultery as a condition for proving blasphemy. Hence, they do not view cursing a blind person or someone who has not witnessed their wife's illicit relationship as valid. However, according to Zaidiyyah, Hanafiyyah, Bashafiyyah, Hanbaliyyah, and other viewpoints of Malikiyyah jurists, witnessing is not a condition, and even a blind person who has not seen their wife's adultery can perform laan. Therefore, the subjectivity of the "seeing" condition in Le’an is not defensible. This goal can be achieved by describing and analyzing the propositions of Islamic jurisprudence and human sciences, as well as library data. The result is that the lack of subjectivity in this condition not only protects more individuals involved in ominous phenomena under the cover of the Le’an's institution, but also eases the bottleneck faced by the criminal justice system in executing justice for the aforementioned individuals.

Keywords

• li'ᾱn
• seeing
• betrayal
• criminal policy
• islam.