Surah An-Noor (24) — Ayah 4

(Ayah 4) ➊ By { وَ الَّذِيْنَ يَرْمُوْنَ الْمُحْصَنٰتِ ثُمَّ لَمْ يَاْتُوْا بِاَرْبَعَةِ شُهَدَآءَ : ’’ الْمُحْصَنٰتِ ‘‘} are meant chaste women, whether virgins or married. Accusing them refers to the accusation of adultery, because the phrase "chaste women" indicates that the accusation is about not being chaste. Additionally, the requirement of four witnesses is also evidence that the accusation refers to adultery. If someone accuses another of theft, drinking alcohol, disbelief, etc., the punishment of false accusation (qadhf) will not be applied, rather, the judge will decide an appropriate discretionary punishment (ta’zir). Although only chaste women are mentioned here, chaste men are also included; those who slander them will also be subject to the same punishment, because the reason for which the punishment is prescribed for slandering chaste women also exists in the case of slandering chaste men. Therefore, there is consensus of the entire Ummah that the punishment for slandering chaste women will also be applied to those who slander chaste men. Women are mentioned here because slander is more painful and shameful for them, and also because the slander against Umm al-Mu’minin Aisha (may Allah be pleased with her) is mentioned ahead.

➋ Whoever accuses a chaste woman of adultery will be required to present four upright Muslim male witnesses to prove his claim. (See Nisa: 15) For no other crime are four witnesses required. Even if someone has seen someone committing adultery with his own eyes, if he does not have three more witnesses, he is not allowed to mention it; rather, he is commanded to remain silent, so that the filth remains limited to where it is, and illicit relationships are not publicized in society, because this leads to countless evils. Mentioning adultery in society becomes a means of spreading it. If someone commits adultery secretly, the harm is not as great as the harm caused to society by publicizing adultery (spreading indecency). However, if someone commits adultery so openly that four men see him in the very act, then they are permitted to take him to the ruler, so that he may enforce the prescribed punishment and prevent this vile act. On one hand, the strictest punishment for adultery is prescribed; on the other hand, to protect people’s honor and to cover their faults, it is commanded that whoever accuses a chaste person of adultery and does not present four witnesses, then impose the punishment for slander on him. The slanderer may be a man or a woman, as the punishment for false accusation (qadhf) was also applied to Hassaan bin Thabit and Mistah bin Athatha (may Allah be pleased with them) as well as to Hamnah bint Jahsh (may Allah be pleased with her).

➌ Whoever accuses a chaste Muslim man or woman of adultery and cannot produce four witnesses, Allah has given three rulings about him: first, that he should be given eighty (80) lashes; second, that his testimony should never be accepted; and third, that these are the disobedient ones (fasiq) ({اُولٰٓىِٕكَ هُمُ الْفٰسِقُوْنَ} contains an exclusive restriction), not those whom they wanted to prove as disobedient.

4-1 In this, the punishment for (slander) is stated: that any person who accuses a chaste woman or man of adultery, likewise any woman who accuses a chaste man or woman of adultery, and cannot present four witnesses as proof, then three rulings have been stated for them: 1. They shall be given eighty lashes. 2. Their testimony shall not be accepted. 3. They are, in the sight of Allah and in the sight of people, fasiq (rebellious sinners).

4. And those who accuse chaste women [7] and do not bring four witnesses, flog them with eighty lashes and never accept their testimony thereafter. And these are the ones who are immoral [8].

[7]
To Accuse Someone Falsely is a Very Grave Sin:

Here, the word "muhsan" is used only in the sense of chaste or innocent, whether the woman is unmarried or married. In fact, according to some scholars, accusing even a chaste slave woman of adultery is included in this. And this command is not only for men but also for women, that they should not accuse chaste men in this way. And the Messenger of Allah ﷺ has counted this sin among the seven major sins that destroy a person. [بخاری۔ کجتاب الوصایا۔ باب قول اللہ اِنَّ الَّذِیْنَ یَاْکُلُوْنَ اَمْوَالَ الْیَتٰمیٰ۔۔۔ الأیة]

Why Four Witnesses are Required to Prove an Accusation?

By testimony of adultery is meant such testimony in which the act of adultery is clearly witnessed, and by testimony of accusation of adultery is meant testimony of such circumstances, like someone testifying that he saw such-and-such strange man and woman in seclusion, or saw them kissing and embracing, or someone calls another the child of adultery or illegitimate. For such a claimant, it is necessary to present four witnesses. And it is obvious that obtaining such four witnesses is extremely difficult. Therefore, from this strict requirement of testimony and then the severe punishment, the real purpose seems to be that if someone even sees some evil, there are only two options for him: either he should conceal it and not publicize it at all, or he should provide four witnesses and inform only the authorities, so that if the crime of the accused is proven, the authorities may punish them and put an end to this filth. To choose a third way, that is, to spread such things among the general public, is extremely dangerous for society and for the person himself. Another point that is understood from the word "muhsanat" is that if a man or woman is already notorious or has already been punished, then accusing them will not result in the prescribed punishment nor will they be declared unacceptable as witnesses; however, they should still refrain from such acts.

[8]
In What Sense is Concealment Better?

Even if such people are actually truthful in their statement or claim, but due to not being able to provide complete proof, they are declared liars, even then such people are of bad character—both in the sight of Allah and in the sight of people. And their bad character is that they started spreading such obscene talk in society, which they could not prove. Therefore, for Muslims, the path of salvation lies only in concealment.