The Difference Between Accusing Someone of Adultery Before a Judge and Before Others
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Question:
Honorable Shaykh, some people distinguish between accusing someone of adultery in the presence of a judge and accusing them in the presence of others. They say that if a person accuses someone of adultery before a judge, the judge demands evidence from him or imposes the hadd punishment, citing the hadith, "The proof is on the claimant, and the oath is on the one who denies." However, if the accusation is made in the presence of someone other than a judge, the accuser must be demanded to provide proof. What is your opinion on this? This is new jurisprudence.
Answer:
Allah, Exalted and Majestic, says:[An-Nur 24:4]. He, the Exalted, said: "And those who accuse chaste women, then bring not four witnesses..." Did He specify this in the context of a judge? He, the Exalted, said: [An-Nur 24:23]. When the Prophet (peace and blessings be upon him) mentioned the seven destructive sins, he included among them: "And those who accuse chaste, naive, believing women." He did not say, "in the presence of a judge."
Honorable Shaykh, some people distinguish between accusing someone of adultery in the presence of a judge and accusing them in the presence of others. They say that if a person accuses someone of adultery before a judge, the judge demands evidence from him or imposes the hadd punishment, citing the hadith, "The proof is on the claimant, and the oath is on the one who denies." However, if the accusation is made in the presence of someone other than a judge, the accuser must be demanded to provide proof. What is your opinion on this? This is new jurisprudence.
Answer:
Allah, Exalted and Majestic, says:
And those who accuse chaste women and then do not produce four witnesses
وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَIndeed, those who [falsely] accuse chaste, unaware and believing women are cursed in this world and the Hereafter; and they
إِنَّ الَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ الْغَافِلَاتِ الْمُؤْمِنَاتِ لُعِنُوا فِي الدُّنْيَا وَالْآخِرَةِ وَلَهُمْ
Source
الذي تطلب منه البينة — alfawzan.live
The Arabic text is a machine transcription of the audio recording.