Li‘ān in Pashtun Society: Traditional Values and the Sharīʿah Procedure, An Analytical Study

Abstract

Liʿān is a distinctive Sharīʿah procedure prescribed by Islam for resolving the serious marital dispute that arises when a husband accuses his wife of adultery but lacks the required evidence. Despite its clear legal and procedural framework in Islamic law, the practice of Liʿān is rarely observed in Pashtun society. This study examines the traditional values, social attitudes, and cultural practices that influence the non-implementation of Liʿān and explores their relationship with the Sharīʿah procedure. Particular attention is given to concepts of honour, dignity, family reputation, social pressure, customary practices, and the role of the Jirga system. The study also highlights the lack of awareness regarding the detailed Sharīʿah procedure of Liʿān and examines why families often prefer reconciliation through traditional mechanisms rather than approaching the formal judicial system. Field research conducted in District Kohat provides empirical insights into these issues. The findings indicate that social honour, fear of defamation, family pressure, limited religious awareness, and the greater social acceptance of Jirga-based reconciliation are significant factors affecting the implementation of Liʿān. The study concludes that greater awareness of the Sharīʿah procedure, balanced engagement with customary institutions, and improved public understanding of the formal legal process are necessary for addressing this gap between Islamic legal principles and prevailing social practices.