What is the legal consequence of Li'an (mutual imprecation) between spouses?
General Chapter
Al-Mughni
Book of Mutual Imprecation (Li'an)
Primary text
The pronouncement of Li'an results in the dissolution (*faskh*) of the marriage contract. This is the view held by Al-Shafi'i. The reasoning is that Li'an causes a permanent prohibition between the spouses, which necessitates it being a dissolution, similar to dissolution due to fosterage kinship. Furthermore, Li'an is not an explicit pronouncement of divorce (*talaq*), nor is divorce intended by it, thus it is not divorce, unlike other matters that dissolve marriage. Additionally, if it were divorce, it would take effect upon the husband's imprecation alone, without the wife's imprecation.
Supporting text
Abu Hanifa holds that Li'an constitutes a divorce (*talaq*). This is because it is a separation initiated by the husband that is exclusive to the marriage bond, thus qualifying it as a divorce, analogous to the separation resulting from the husband saying, "You are divorced."