Guide to the Prohibition of Falsely Accusing a Disbeliever of Zina, with the Condition of Faith in the Verse
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, what is the evidence for the one who forbade falsely accusing a disbeliever of adultery? Since the verse conditioned faith, stating "chaste, believing women"? What is the evidence for the one who forbade falsely accusing a disbeliever of adultery, since the verse contains the condition of faith, as Allah the Exalted said, "chaste, believing women"?
The Shaykh:
This is regarding the false accusation that entails the hadd punishment; it is required that the one accused be a Muslim woman of good character. As for ta'zir (discretionary punishment), that is a different matter; faith is not required for it because it is an act of transgression. It is a transgression against people, and it is not permissible to transgress against a disbeliever. It is not permissible to transgress against a disbeliever without right.[Al-Baqarah 2:190] And Allah, (Exalted and Majestic is He), says: [Al-Ma'idah 5:2]. It is not permissible to transgress against disbelievers without right. Yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
From you[Al-Ma'idah 5:8] to piety. Transgression is not permissible, neither against Muslims nor against disbelievers. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the evidence for the one who forbade falsely accusing a disbeliever of adultery? Since the verse conditioned faith, stating "chaste, believing women"? What is the evidence for the one who forbade falsely accusing a disbeliever of adultery, since the verse contains the condition of faith, as Allah the Exalted said, "chaste, believing women"?
The Shaykh:
This is regarding the false accusation that entails the hadd punishment; it is required that the one accused be a Muslim woman of good character. As for ta'zir (discretionary punishment), that is a different matter; faith is not required for it because it is an act of transgression. It is a transgression against people, and it is not permissible to transgress against a disbeliever. It is not permissible to transgress against a disbeliever without right.
but do not transgress. Indeed. Allah does not like transgressors.
وَلَا تَعْتَدُوا إِنَّ اللَّهَ لَا يُحِبُّ الْمُعْتَدِينَAnd do not let the hatred of a people for having obstructed you from al-Masjid al-Haram lead you to transgress
وَلَا يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ أَن صَدُّوكُمْ عَنِ الْمَسْجِدِ الْحَرَامِ أَن تَعْتَدُواThe questioner:
He says: Honorable Shaykh, may Allah grant you success.
The Shaykh:
From you
hatred of a people prevent you from being just. Be just; that is nearer
شَنَآنُ قَوْمٍ عَلَىٰ أَلَّا تَعْدِلُوا اعْدِلُوا هُوَ أَقْرَبُ
Source
قناة «العلامة الدكتور صالح الفوزان»، 092 من 123 / شرح كتاب زاد المستقنع / العدد / صالح الفوزان / الفقه / كبار العلماء — youtube.com (27:33)
The Arabic text is a machine transcription of the audio recording.