Does the one accused of zina have the right to drop the hadd against the one who accused him?
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The questioner : ... ؟
The Shaykh : He says that it is he who is affected by it, and Allah (Glorified and Exalted is He) made it obligatory upon us to protect the honor of this man. So if he drops it, it is his right.
The questioner : ... ؟
The Shaykh : No, no.
The questioner : ... .
The Shaykh : For this reason, in the chapter of li'an, a man can drop the hadd of qadhf against him through li'an, and this indicates that it is a right of the one accused of zina. Yes, O Abdul Aziz.
The questioner : If he said, "So-and-so is a fornicator" or "So-and-so is a fornicator"?
The Shaykh : The same thing.
The questioner : ... ؟
The Shaykh : This is neither explicit nor implicit; this is not an accusation of zina. This is an accusation that he facilitates, and may Allah protect us, leading to zina, meaning he brings women to men to commit zina with them.
The questioner : ... ؟
The Shaykh : The answer to that is that we have a text, and their action is not a consensus. Others have opposed them. It was narrated from Ibn Mas'ud (may Allah be pleased with him), 'Umar ibn 'Abd al-'Aziz, and Abu Bakr Muhammad ibn 'Amr ibn Hazm.
The questioner : ... .
The Shaykh : It is a sunnah as long as it does not contradict a text. This issue is a matter of ijtihad. As long as there is a text and they differ on it, there is no doubt that their saying is stronger than that of the others, but the problem is the generality.
The Shaykh : He says that it is he who is affected by it, and Allah (Glorified and Exalted is He) made it obligatory upon us to protect the honor of this man. So if he drops it, it is his right.
The questioner : ... ؟
The Shaykh : No, no.
The questioner : ... .
The Shaykh : For this reason, in the chapter of li'an, a man can drop the hadd of qadhf against him through li'an, and this indicates that it is a right of the one accused of zina. Yes, O Abdul Aziz.
The questioner : If he said, "So-and-so is a fornicator" or "So-and-so is a fornicator"?
The Shaykh : The same thing.
The questioner : ... ؟
The Shaykh : This is neither explicit nor implicit; this is not an accusation of zina. This is an accusation that he facilitates, and may Allah protect us, leading to zina, meaning he brings women to men to commit zina with them.
The questioner : ... ؟
The Shaykh : The answer to that is that we have a text, and their action is not a consensus. Others have opposed them. It was narrated from Ibn Mas'ud (may Allah be pleased with him), 'Umar ibn 'Abd al-'Aziz, and Abu Bakr Muhammad ibn 'Amr ibn Hazm.
The questioner : ... .
The Shaykh : It is a sunnah as long as it does not contradict a text. This issue is a matter of ijtihad. As long as there is a text and they differ on it, there is no doubt that their saying is stronger than that of the others, but the problem is the generality.