The Ruling on False Accusation of Adultery Before a Judge and Otherwise

Question:
Honorable Shaykh, some people distinguish between false accusation of adultery (qadhf) in the presence of a judge and false accusation in the absence of a judge. They say that if a person accuses someone in the presence of a judge, the judge demands evidence from him or imposes the hadd punishment, citing the hadith, "The proof is on the accuser, and the oath is on the one who denies." However, if the accusation is made in the absence of a judge, the accuser must be demanded to provide evidence. What is your opinion on this?

Answer:
This is in the new [context]. Allah, Glorified and Exalted is He, says: . He, the Exalted, did not say, "And those who accuse chaste women of adultery in the presence of a judge." Did He not specify this? He, the Exalted, said: , and He did not say, "They accuse chaste women in the presence of a judge." When the Prophet (peace and blessings be upon him) mentioned the seven destructive sins, he said at the end of them, "And one who accuses chaste, unaware, believing women of adultery," and he did not say, "in the presence of a judge."