If the husband says, "I saw so-and-so committing unlawful sexual intercourse with my wife," should he bring him to the judge?
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The questioner : If the husband says, "I saw so-and-so committing unlawful sexual intercourse with her," should he bring him to the judge?
The Shaykh : Who?
The questioner : The one his wife pointed out?
The Shaykh : No, no, he should not be brought in. Perhaps the husband will be safe from him, because that person might file a claim against him, saying, "You falsely accused me of unlawful sexual intercourse." This is also a matter of scholarly disagreement. Some scholars say that it is considered a false accusation against the man, and that the man has the right to demand his rights. It is well known that with a man, there is no mutual oath-swearing in an accusation of adultery; there is only the evidence or the fixed punishment.
And some of them said that the man's right is dropped because the woman's right was dropped.
The questioner : The investigation, O Shaykh, is not conducted with this accused person?
The Shaykh : Never. That was from the perspective of what they call the public prosecution; that is a different matter. As for the private right, it has no involvement in the matter.
The Shaykh : Who?
The questioner : The one his wife pointed out?
The Shaykh : No, no, he should not be brought in. Perhaps the husband will be safe from him, because that person might file a claim against him, saying, "You falsely accused me of unlawful sexual intercourse." This is also a matter of scholarly disagreement. Some scholars say that it is considered a false accusation against the man, and that the man has the right to demand his rights. It is well known that with a man, there is no mutual oath-swearing in an accusation of adultery; there is only the evidence or the fixed punishment.
And some of them said that the man's right is dropped because the woman's right was dropped.
The questioner : The investigation, O Shaykh, is not conducted with this accused person?
The Shaykh : Never. That was from the perspective of what they call the public prosecution; that is a different matter. As for the private right, it has no involvement in the matter.