Li'an
Li'an is a very specific pathway that only husbands can use.
The separation process involves swearing in front of the court that adultery has taken place in the marriage, specifically for instances where there are limited witness to attest this.
The wife is also able to swear in front of the court, thereby countering any accusations.
If either party does not swear in front of the court, then they may be subject to a fine and punishment for false accusations.
In general because of the complexity surrounding li'an, it is a rarely used method for separation. The exact process is different from state to state.
You can file for li'an in the following way
1 Complete your declaration details
This is performed at the court in your state.
Some items include:
1. Details of marriage.
2. Details of children.
3. Reasoning for separation
4. Proposal on separation of assets, family, mut'ah and where applicable, nafkah iddah and maintenance.
You may need other documents that support your declaration form.
4 Make your court appearance
Usually this is scheduled for less than 1 month after you give your declaration and application form to the court.
At this point, you and your partner can represent yourselves in front of the judge and state your case.
The judge will then decide on a trial date where they can assess your case in detail.
Check with your state what documents to bring.
7 Li'an order is issued at court
The judge will pronounce that both husband and wife are to be separated.
An order is then given by the court to be used for registration of li'an.
2 Submit your application form
This is performed at the court along with your declaration form.
You will also need to pay a application fee which depends on the state that you are in.
5 Prepare trial documents
There is a 1 month period for both sides to prepare their trial documents.
This can include:
1. Statement of claim.
2. Statement of defence.
You will need a lawyer to help you at this stage.
8 Register the separation
In order to register your separation, the court order must be submitted to Jabatan Agama Islam Negeri in your state.
Some states have their documents and registration process online, others not.
Payment of the registration will also vary according to your state.
3 Respond to your court summons
If your partner is the one filing the application for separation, the court will summon you to take part in their enquiry on the separation application.
6 Attend the trial
At the trial, the parties will pronounce li'an and various associated passages in a specific sequence. The exact wording and order differs from state to state.
The judge will tell the parties to not speak untruths during their recital of passage.
9 The separation is finalized
The separation will be registered and a certificate will be issued, usually within 1 month.
Your separation is now official.
Do I need to pay mut'ah, nafkah iddah or any other maintenance under li'an?
There are various grounds that can give cause to li'an, each of which impacts any post separation claims between husband and wife.
This holds true in particular if your li'an case includes children. In this case, it can become complex in establishing whether the child is legitimate or not.
You will need legal and religious advice.
