Library Ethics Greater Sins Chapter 14 Twelfth Greater Sin: Qažaf Penalty for Qaâ€af : Rejection of Testimony and its Invalidation
Penalty for Qaâ€af : Rejection of Testimony and its Invalidation
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Penalty for Qaaf : Rejection of Testimony and its Invalidation
It is also mentioned in Surah an-NÅ«r:
“And those who accuse free women then do not bring four witnesses, flog them, (giving eighty lashes), and do not admit any evidence from them ever, and these it is that are the transgressors.”
(Surah an-NÅ«r 24:4)
Three commands are issued in this ayat regarding one who commits qazaf. The first is that he has to be punished with the Islamic penalty imposed upon him. The second is that his evidence is never ever to be accepted and the third is that such a person must always be considered as unreliable and a transgressor.
Islamic society which is geared to promote the dignity and welfare of its members cannot allow a false accuser to go unpunished. This falsehood dishonours an upright person, and a society which cannot uphold the honour of its members, cannot possibly give them peace and security.
(Condensed from Burhan al-Qur’an)
The book ‘Islam and World Peace’ mentions that in order to curb frivolous propaganda, a slanderer who cannot furnish four witnesses, is given lashes. If Three witnesses testify and the fourth witness is not available then the former Three are also punished with eighty lashes each. However, if a husband accuses his wife of adultery but cannot support his accusation with witnesses, he cannot be lashed. This is to avoid domestic upheavals. In this case the husband is made to repeat four times by calling Allah (S.w.T.) as a witness that his wife has committed adultery. And the fifth time he has to say that if he is lying, the curse of Allah (S.w.T.) be upon him. His wife is also given a similar right that she can say four times, calling Allah (S.w.T.) as a witness that her husband is lying. And the fifth time she has to say that if her husband is telling the truth, then the curse and the wrath of Allah (S.w.T.) may be upon her. She can escape punishment in this way. This law is derived from the sixth and the seventh ayat of Surah an-NÅ«r.
Whether it is true or false it must be known that it is HarÄm to accuse anyone of adultery or homosexuality till he sees with his own eyes the penetration of the sexual organ. Even after being the eye witness of this he must not testify before a Qazi till Three other just witnesses testify (he must himself be just (adil) too). As stated earlier, if the witnesses are less than four, their testimony is rejected. In this case, the witnesses are considered as transgressors instead of the alleged sodomist and the fornicator, and penalised with eighty lashes each.
