Cursing The Mute And The Blind - A Comparative Study

Abstract

The process of Liaan is a legal system that is distinctive to Islamic Sharia in addressing issues of lineage and safeguarding honor, as it was established to protect the family and society from collapse when a husband accuses his wife of adultery, or denies the paternity of a child from her. It is an exceptional procedure that involves solemn oaths taken by both spouses, delivered in a specific manner before the court, leading to serious legal consequences including permanent separation and denial of paternity. However, when the scholars discussed the conditions for the establishment of Liaan, they encountered intricate issues concerning individuals with disabilities, such as a mute person who cannot articulate, or a blind person who cannot see the witnesses, and even more challenging when both disabilities are present together. Hence, this study aims to explore the issue of Liaan for the mute and the blind, whether each case stands alone with its disability or both are combined, by presenting the opinions of scholars, discussing their textual and rational evidence, identifying the prevailing opinion that aligns more closely with the objectives of Sharia, and then proposing a text in the Iraqi Personal Status Law to resolve this issue.