LI’AN: A SUBSTITUTION FOR THE HONOR KILLINGS AND A COUNTERWEIGHT FOR THE PRESUMPTION OF PATERNITY

Authors

  • Ahad Gholizadeh Manghutay University of Isfahan

Abstract

Honor killings are a dark side of the family protection system especially in the Middle East. Most of the honor killings are done by the husbands who are suspicious to their wives.

But the Shari’a to preclude such honor killings has designed the li’an. Despite its importance, there is no background of studying li’an independently. Li’an is a peculiarity of the Islamic legal systems. Its gap in the other legal systems seemingly in the course of history has led to the recognition of strange legal establishments such as separation without divorce, unwed mothers having children, and taking a person other than husband as the father for a child born in wedlock.

This study applying legal theoretical method hypothetically collecting all relevant materials in Iran including the Quranic verses and relevant sections of the Iranian civil code and taking assistance from legal authors opinions analyses the relevant legal questions and shows how the li’an is necessary for safeguarding the wedlock through playing a countervailing role against the paternity presumption.

After discussion this paper finds that Li’an forbids the husband from insupportable actions such as keeping the marriage in limbo and bringing about a situation of separation without divorce. Li’an would have quite a practical and valuable role to play in abandoning the honor killings and the molestation of wives and their children.

To conclude, li’an is a multifaceted and multifunctional combination of several rules, concepts and consequences perfectly designed to support the family including the husband, wife and the child or children.

References

Arberry, A. (1995). English Translation of the Holy Quran. Qum: Ansariyan publications .

Baker, K. (2008). Bionormativity and the Construction of Parenthood. Ga. L. Rev., 42, 649--695.

Baker', K. (2010). Marriage and Parenthood as Status and rights: The Growing, Problematic and possibly Constitutional Trend to Disaggregate Family Status from Family Rights. Ohio Dt. LJ, 71, 127-184.

Baldassi, C. (2007). DNA, Discrimination and the Definition of Family Class: MAO v. Canada (Minister of Citizenship and Immigration). JL & Soc. Pol'y, 21, 5-30.

Blauwhoff, R. (2008). Tracing Down the Historical Development of the Legal Concept of the Right to Know one's Origins-Has to Know or Not to Know Ever Been the Legal question. Utrecht L. Rev., 4(2), 99-116.

Dorloh, S. (2009). The Code of Muslim Family Law and Law of Inheritance (1941) as Applicable in the Provincial Courts of Southern Four Border Provinces of Thailand: Issues and Prospects. Journal of Fiqh(6), 125-148.

Fulchiron, H. (2012). National Report: France. Journal of Gender, Social Policy & the Law, 19(1), 123-149.

Gupta, D. (2004). Femi-Justice Through Removal of Prevailing Social Evils in India: An Analytical Study with Reference to Law and Legislation. Saurashtra University.

Hashmi, S. V. (1979). Family Law in Pakistan. Commission on the Status of Women.

Lamce, J. (2013). The Rights and Obligations of Spouses in Islamic Classic Law. ILIRIA International reviews, 2, 183-191.

Leong, W. (2011). Next Fifty Years of the Women's Charter-Ripples of Change. The Sing. J. Legal Stud., 152-177.

Lorio, K. V. (1996). From Cradle to Tomb: Estate Planning Considerations of the New Procreation. La. L. Rev., 57(1), 27-53.

Moeinifar, M., & Ardebeli, F. (2012). Lineage and the Rights of Cloned Child in the Islamic Jurisprudence. J Reprod Infertil, 13(4), 183-192.

Murata, S. (1986). Temporary Marriage in Islamic Law. Al-Serat.

Ostien, P. (2006). Sharia Implementation in Northern Nigeria 1999-2006: A Sourcebook. Sharia-in-Africa.

Patel, R. (1982). Legal Status of Women in Pakistan. In N. M. Shah, Pakistani Women - A Socioeconomic and Demographic Profile (pp. 97-133). USAID.

Sabi, M. (1973). English Translation of the Civil Code of Iran. Tehran.

Shapiro, E. D., Reifler, S., & Psome, C. L. (1992). The DNA Paternity Test: Legislating the Future Paternity Action. Journal of Law and Health, 7(1), 1-47.

Sylvain, J. (1990). Michael H. v. Gerald D.: The Presumption of Paternity. Cath. UL Rev., 39(4), 831-858.

Thomson, A. (2006). Accomodating the Islamic Dissolution of Marriage Law within English Law. UK: Wynnechambers co.

Virani, N. (2007). Marriage in Islam. In V. Cornell, Voices of Islam (pp. 57-77). London: Praeger.

Welchman, L. (2007). Honour and Violence against Women in a Modern Shari'a Discourse. HAWWA, 5(2-3).

Wilder, B. (2002). Assisted Reproduction Technology: Trends and Suggestions for the Developing Law. Journal of the American Academy of Matrimonial Lawyers, 18, 177-209

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Published

2018-07-31

How to Cite

Manghutay, A. G. (2018). LI’AN: A SUBSTITUTION FOR THE HONOR KILLINGS AND A COUNTERWEIGHT FOR THE PRESUMPTION OF PATERNITY. Journal of Asian and African Social Science and Humanities, 4(2), 1–13. Retrieved from https://www.aarcentre.com/ojs3/index.php/jaash/article/view/139

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