Chapter on the Punishment for False Accusation of Adultery
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The Shaykh : Then the author (may Allah have mercy on him) said: "Chapter on the Punishment for False Accusation of Adultery" The meaning of hudud (fixed punishments) in Islamic law has been mentioned previously: they are penalties prescribed by the Shari'ah for committing a sin, intended to deter people from similar acts and to expiate the sin for the perpetrator.
As for qadhf (false accusation of adultery), it is attributed to it. This attribution here is of the type where a thing is attributed to its cause, meaning the chapter on the hudud punishment whose cause is qadhf.
Qadhf in its original sense means throwing. Here, it refers to accusing someone of zina (unlawful sexual intercourse) or liwat (sodomy). That is, accusing a person of zina or liwat, saying "O fornicator," "O sodomite," or "You are a fornicator" or "You are a sodomite," or the like. This is qadhf.
The ruling on qadhf is that it is forbidden, indeed it is among the major sins if the accused is a chaste person.
The wisdom behind its prohibition is to protect people's honor from violation and to safeguard their reputation from defilement. This is among the most wise rulings, for if people were allowed to defile, curse, and insult one another, enmity and hatred would arise, and perhaps even devastating wars would break out over these matters. But in order to preserve people's honor and protect it, as well as the reputation of Muslims, the Shari'ah came forbidding qadhf and making the worldly punishment obligatory for it.
Allah (Mighty and Majestic) said:[An-Nur 24:23] He thereby established two great matters: the curse in this world and the Hereafter, refuge with Allah, and secondly, the great punishment. Then He said: [An-Nur 24:24-25].
It is established from the Prophet (peace and blessings be upon him) that among the major sins that lead to destruction is the false accusation of chaste, unaware, believing women.
Therefore, it is among the major sins by the indication of the Book and the Sunnah, and the wisdom in it is what we mentioned previously.
The punishment for qadhf varies according to the accuser and according to the accused, and this is known from the conditions.
As for qadhf (false accusation of adultery), it is attributed to it. This attribution here is of the type where a thing is attributed to its cause, meaning the chapter on the hudud punishment whose cause is qadhf.
Qadhf in its original sense means throwing. Here, it refers to accusing someone of zina (unlawful sexual intercourse) or liwat (sodomy). That is, accusing a person of zina or liwat, saying "O fornicator," "O sodomite," or "You are a fornicator" or "You are a sodomite," or the like. This is qadhf.
The ruling on qadhf is that it is forbidden, indeed it is among the major sins if the accused is a chaste person.
The wisdom behind its prohibition is to protect people's honor from violation and to safeguard their reputation from defilement. This is among the most wise rulings, for if people were allowed to defile, curse, and insult one another, enmity and hatred would arise, and perhaps even devastating wars would break out over these matters. But in order to preserve people's honor and protect it, as well as the reputation of Muslims, the Shari'ah came forbidding qadhf and making the worldly punishment obligatory for it.
Allah (Mighty and Majestic) said:
Indeed, those who [falsely] accuse chaste, unaware and believing women are cursed in this world and the Hereafter; and they will have a great punishment
إن الذين يرمون المحصنات الغافلات المؤمنات لعنوا في الدنيا والآخرة ولهم عذاب عظيم(24) On a Day when their tongues, their hands and their feet will bear witness against them as to what they used to do. (25) That Day, Allah will pay them in full their deserved recompense
يوم تشهد عليهم ألسنتهم وأيديهم وأرجلهم بما كانوا يعملون، يومئذ يوفيهم الله دينهم الحقIt is established from the Prophet (peace and blessings be upon him) that among the major sins that lead to destruction is the false accusation of chaste, unaware, believing women.
Therefore, it is among the major sins by the indication of the Book and the Sunnah, and the wisdom in it is what we mentioned previously.
The punishment for qadhf varies according to the accuser and according to the accused, and this is known from the conditions.