The ruling on one who accuses another of fornication and forgives the one who accused him without suing him
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Question:
A man accused another person of fornication, and the accused insisted that he would complain to the judge, but there were those who urged the accused not to complain. What is the ruling in this case?
Answer:
Accusation of fornication is a right of the person, not a right of Allah in this matter; it is among the rights of people, just as if he struck him or killed his son, or the like. If he complains and demands his right, there is no harm. If he forgives, he has the reward of forgiveness. [al-Baqarah:237] This is the correct position regarding the hadd for accusation of fornication.
If he is accused of fornication, or insulted, or the like, and he demands his right, it is obligatory to take his right for him if it is established that he was wronged. If he forgives, there is no blame on him. This is unlike when the right belongs to Allah; if it reaches the authority, it is not said to the owner [that he may forgive], but the hadd is established against him. As for the right of a creation, such as money stolen from him, and he forgives the money, or he was wronged, or accused, or insulted and he forgives, there is no harm.
A man accused another person of fornication, and the accused insisted that he would complain to the judge, but there were those who urged the accused not to complain. What is the ruling in this case?
Answer:
Accusation of fornication is a right of the person, not a right of Allah in this matter; it is among the rights of people, just as if he struck him or killed his son, or the like. If he complains and demands his right, there is no harm. If he forgives, he has the reward of forgiveness.
And to forego it is nearer to righteousness
أَنْ تَعْفُوا أَقْرَبُ لِلتَّقْوَىIf he is accused of fornication, or insulted, or the like, and he demands his right, it is obligatory to take his right for him if it is established that he was wronged. If he forgives, there is no blame on him. This is unlike when the right belongs to Allah; if it reaches the authority, it is not said to the owner [that he may forgive], but the hadd is established against him. As for the right of a creation, such as money stolen from him, and he forgives the money, or he was wronged, or accused, or insulted and he forgives, there is no harm.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
