The Muḥammadan law, like the English law, does not recognise the legitimation of antenuptial children. Whereas, according to French and Scotch law, such children are legitimated by the subsequent marriage of the parents.
In Sunnī law, an invalid marriage does not affect the legitimacy of children born from it. Nor does it in Shīʿah law; but the Shīʿah law demands proof that such a marriage was a bona fide one, whilst the Ḥanafī code is not strict on this point.
In the case of a divorce by liʿān [[LIʿAN]], the waladu ʾl-mulāʿanah, or “child of imprecation,” is cut off from his right of inheritance from his father.
(See Syud Ameer Ali’s Personal Law of Muhammadans, p. 160; Fatāwā-i-ʿAlamgīrī, p. 210; Sharāʾiʿu ʾl-Islām, p. 301.) [[PARENTAGE].]
LETTERS. The letters of Muslims are distinguished by several peculiarities, dictated by the rule of politeness. “The paper is thick, white, and highly polished; sometimes it is ornamented with flowers of gold; and the edges are always cut straight with scissors. The upper half is generally left blank; and the writing never occupies any portion of the second side. The name of the person to whom the letter is addressed, when the writer is an inferior or an equal, and even in some other cases, commonly occurs in the first sentence, preceded by several titles of honour; and is often written a little above the line to which it appertains, the space beneath it in that line being left blank; sometimes it is written in letters of gold, or red ink. A king, writing to a subject, or a great man to a dependant, usually places his name and seal at the head of his letter. The seal is the impression of a signet (generally a ring, worn on the little finger of the right hand), upon which is engraved the name of the person, commonly accompanied by the word ‘His (i.e. God’s) servant,’ or some other words expressive of trust in God, &c. Its impression is considered more valid than the sign-manual, and is indispensable to give authority to the letter. It is made by dabbing some ink on the surface of the signet, and pressing this upon the paper: the place which is to be stamped being first moistened, by touching the tongue with a finger of the right hand, and then gently rubbing the part with that finger. A person writing to a superior, or to an equal, or even an inferior to whom he wishes to show respect, signs his name at the bottom of his letter, next the left side or corner, and places the seal immediately to the right of this; but if he particularly desire to testify his humility, he places it beneath his name, or even partly over the lower edge of the paper, which consequently does not receive the whole of the impression.” (Lane’s Arabian Nights, vol. i. p. 23.)
LIʿĀN (لعان). Lit. “Mutual cursing.” A form of divorce which takes place under the following circumstances. “If a man accuses his wife of adultery, and does not prove it by four witnesses, he must swear before God that he is the teller of truth four times, and then add: ‘If I am a liar, may God curse me.’ The wife then says four times, ‘I swear before God that my husband lies’; and then adds: ‘May God’s anger be upon me if this man be a teller of truth.’ After this a divorce takes place ipso facto.” (See Sūratu ʾn-Nūr, [xxiv. 6]; Mishkāt, book xiii. ch. xv.).
In the case of Liʿān, as in the other forms of divorce, the woman can claim her dower.
Liʿān is not allowed in four cases, viz. a Christian woman married to a Muslim, a Jewess married to a Muslim, a free woman married to a slave, and a slave girl married to a free man.
The children of a woman divorced by Liʿān are illegitimate.
LIBĀS (لباس). [[APPAREL].]