The Sacred Law only brought about the separation after the completion of the cause, so it is not permissible before it, just like all other causes. What they cited is an arbitrary claim that has no evidence and no basis. Furthermore, it is invalidated by the case where a man and one woman testify regarding a debt, or regarding one upon whom the oath has been directed when he brings the majority of its wording, or in a competition when one says: "Whoever reaches five hits first," and he reaches three, and with all other causes. As for when the li'an is completed, the ruler may separate them without their permission, because the Prophet - may Allah bless him and grant him peace - separated the two who performed li'an without asking their permission. Malik narrated from Nafi' from Ibn Umar that a man performed li'an with his wife during the time of the Messenger of Allah - may Allah bless him and grant him peace - and disavowed her child, so the Messenger of Allah - may Allah bless him and grant him peace - separated them and attached the child to the woman. Sufyan also narrated from al-Zuhri from Sahl ibn Sa'd, who said: "I witnessed the Messenger of Allah - may Allah bless him and grant him peace - separate the two who performed li'an." Sa'id extracted both of these. Whenever we say that the separation does not occur except through the ruler's separation, if he does not separate them, the marriage remains in its state because that which invalidates the marriage has not occurred; therefore, it resembles the case as if they had not performed li'an.

Section: The separation of li'an is a dissolution (faskh). Al-Shafi'i held this view. Abu Hanifah said: It is a divorce (talaq), because it is a separation originating from the husband that pertains specifically to the marriage; thus, it is a divorce, like the separation caused by his saying: "You are divorced." Our argument is that it is a separation that necessitates an eternal prohibition, so it is a dissolution, like the separation due to breastfeeding. Furthermore, the li'an is not explicit regarding divorce, nor did he intend divorce by it; therefore, it is not a divorce, like all other things by which a marriage is dissolved. Moreover, if it were a divorce, it would occur by the husband's li'an alone, without the woman's li'an.