Indeed, the Shari`ah offers workable solutions for any problem threatening the marital life. In case dissolving the marital life is inevitable, Islam considers this dissolution a last resort when there is no way out but to terminate it, through peaceful means with the honor of every part kept intact.
In his book ‘The Reliance of the Traveler’, by Ahmad Ibn Naqib Al-Misri, states the following:
“Public imprecation consists of the Islamic magistrate or his equivalent telling the husband to repeat four times, ‘I testify by Allah that I am truthful in charging her with adultery‘ and it is necessary to identify her by her first and family name, though if she is present he says, `this wife of mine,’ and points to her; and if there is a child, ‘and that this child or if absent, ‘the child she gave birth to from adultery’ is not from me.’
The fifth time, after the magistrate warns him, enjoins him to fear Allah reminding him that the punishment of the Hereafter is worse than that of the present life, and after he has drawn the husband’s attention to the gravity of making a false oath, the husband adds, `And may the curse of Allah be upon me if I am lying.’
When the husband has done this, he is no longer liable to be punished for accusing another of adultery without witnesses, he has denied paternity of the child, and his wife is divorced from him and unlawful for him to marry, be alone with, or look at, forever. She is now liable to be punished for adultery.
The wife in such a case may avoid being punished for adultery by public imprecation against the husband. Upon being ordered by the magistrate, she says four times, “I testify by Allah that he is lying about what he has charged me with.” The fifth time, after being warned by the magistrate of the severity of the consequences, as described above, she says, “And may the wrath of Allah be upon me if he is telling the truth.” When she has done this, she is no longer liable to be punished for adultery.
Moreover, public imprecation is legally valid in a non-Arabic language even when the speaker knows Arabic, because the imprecation is a kind of oath or attestation, either of which may be given in any language.
If a man accuses his wife of adultery without providing four good witnesses, and she denies it, he is to be whipped for slander unless he swears four times that he is telling the truth, and the fifth time that he invokes the curse of Allah on himself if he is lying. The wife can avert the punishment by swearing four times that he is a liar, and a fifth time she invokes the wrath of Allah upon herself if he is telling the truth. After this, the marriage is dissolved forever, and they can never marry each other again. It is recommended that a man divorce his wife rather than dissolving the marriage in this way.”
“Al-Li`an may also be sought by the husband if he denies that his wife is pregnant with his child, or if he testifies that she gave birth after less than six months, or over one year since his last intercourse with her.
Allah Almighty says: “As for those who accuse their wives but have no witnesses except themselves; let the testimony of one of them be four testimonies (swearing) by Allah that he is of those who speak the truth. And yet a fifth invoking the curse of Allah on him if he is of those who lie. And it shall avert the punishment from her if she bear witness before Allah four times that he is of those who are liars. And a fifth (time) that the wrath of Allah be upon her if he is of those who speak the truth.” (An-Nur: 6-9)
Some of the scholars state that the husband should start the procedure, while others say that it does not matter who initiates it.
If the husband refuses to testify after the accusation, he is to be whipped eighty lashes for slander, according to Malik, Ahmad, and Ash-Shafi`i. Abu Hanifah said the man should not be punished for slander but should be imprisoned until he agrees to testify or until he calls himself a liar. If he calls himself a liar, he will be whipped for slander.
According to Malik and Ash-Shafi`I held that the wife refuses to testify, she is punished for adultery. Abu Hanifah states that the woman should not be punished for adultery, but should be imprisoned until she agrees to testify or until she admits that she has committed adultery. This confession will render her to punishment.”