@phdthesis{digilib53794,
           month = {August},
           title = {PERCERAIAN AKIBAT SUMPAH LIAN MENURUT PENDAPAT IMAM ASY-SYAFI?I DAN RELEVANSINYA DENGAN HUKUM KELUARGA ISLAM DI INDONESIA},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 18103050037 Shoffy Muniroh},
            year = {2022},
            note = {Pembimbing: Dr. H. Abu Bakar Abak, MM.},
        keywords = {Perceraian, Madzhab Asy-Syafi?i, Sumpah Lian},
             url = {https://digilib.uin-suka.ac.id/id/eprint/53794/},
        abstract = {Family problems are often found in a marital relationship that is experiencing disharmony. Either because of misunderstanding, economic or other factors that lead to divorce. One of them is that the husband accuses his wife of having an adulterous relationship with a man other than her husband.
From the above background, the method used in this research is literature study or literature review, namely by reviewing or analyzing and comparing several literatures related to the topic of this research. Among them are the book by Imam Ash-Shafi'i entitled Al-Umm, the book by Prof. Dr. Wahbah Zuhaili entitled Fiqh Imam Ash-Shafi'i, as well as other supporting literature.
This study focuses on the opinion of Imam Ash-Shafi'i, where Imam Ash-Shafi'i explains that the lian oath is when a husband accuses his wife of adultery but the husband cannot prove that the accusation of adultery is true. For this accusation, the husband must testify before the judge by taking an oath four times in the name of Allah SWT that the accusations that come from him are true. Then the husband took another oath by accepting the consequences of getting cursed from Allah SWT if it was proven that his accusation was not true.
Divorce as a result of the lian oath has legal relevance and impact that arises after the lian oath is to provide protection of the rights and honor of the husband, or wife, or to their children. In the opinion of Imam Ash-Shafi'i, the legal impact of the lian oath is the severance of the husband and wife relationship forever and it is forbidden to get married again even with a new marriage. There is no obligation for the husband to provide a living, the lineage of the children is left to the wife and cannot be handed over to the husband at all.}
}