Source: Fiqhi Rulings and Issues in the Light of Quran and Hadith, Issues of Hudood and Ta'zirat: Volume 02: Page 414
All praise is due to Allah, and blessings and peace be upon the Messenger of Allah. To proceed!
The esteemed jurists have specified that when implementing the punishment for adultery, the ruler or his deputy must be present there. Similarly, it is also necessary for a group of the faithful to be present, because Allah Almighty has said:
﴿وَليَشهَد عَذابَهُما طائِفَةٌ مِنَ المُؤمِنينَ ﴿٢﴾... سورة النور
"There should be a group of Muslims present at the time of their punishment."
Reference: An-Nur 24:2
Adultery is an extremely serious crime, and in some cases, its heinousness, abomination, and sinfulness increase even more, for example: committing adultery with a married woman, committing adultery with a mahram woman, or committing fornication with a neighbor’s wife. All these are counted among the most heinous sins.
① The Seriousness of Adultery and Its Destructive Effects
Adultery is among the major crimes and grave sins because it causes confusion in lineage, and lineage is what establishes a person's identity and serves as a means of cooperation in lawful matters. Similarly, through adultery, both agriculture and progeny are destroyed. Due to these very harmful consequences, Allah Almighty has prescribed the severest punishment for it. Thus, if the adulterer is married, he shall be stoned to death, and if unmarried, he shall be given one hundred lashes, and the unmarried man shall also be exiled for one year. Furthermore, adultery causes diseases that can bring destruction to the entire society. For this reason, the Shariah has strongly emphasized refraining from it. Allah Almighty says:
﴿وَلا تَقرَبُوا الزِّنىٰ إِنَّهُ كانَ فـٰحِشَةً وَساءَ سَبيلًا ﴿٣٢﴾... سورة الإسراء
"Beware! Do not even approach adultery, for it is a shameful deed and an evil way."
Reference: Al-Isra 17:32.
For this reason, the aforementioned severe punishment has been enforced for this crime.
② Definition of Adultery
The jurists have defined adultery as: "Committing fornication in the vagina or anus is called adultery."
Ibn Rushd, may Allah have mercy on him, states: "Adultery is called every act of intercourse in which there is no marriage or marriage-like relationship, nor the relation of a slave woman (concubine). Scholars agree on this definition, but there is a difference of opinion regarding which matters should be considered as marriage-like and thus exempt from the punishment."
Reference: Hidayat al-Mujtahid 2/769.
An example of marriage-like relationship is when someone marries in such a way that the essential conditions are not present, or due to ignorance, marries a woman whom it is not permissible to marry.
Reference: For example: marrying in such a way that the essential conditions were not present, or due to ignorance, marrying a woman whom it was not permissible to marry. (Saarim)
③ Punishment for a Married Adulterer
If an adulterer is sane, adult, and married, he shall be stoned until he dies, whether he is a man or a woman. Except for the Kharijites, scholars of every era have agreed on this issue.
The punishment of stoning is proven by numerous mutawatir hadiths of the Prophet Muhammad ﷺ, and these hadiths are both verbal and practical.
④ The ruling of stoning is proven from the Quran, Sunnah, and consensus
The ruling of stoning was present in the Holy Quran, then its words were abrogated but the ruling remained. Those words were:
"الشَّيْخُ وَالشَّيْخَةُ إِذَا زَنَيَا فَارْجُمُوهُمَا الْبَتَّةَ نَكَالًا مِنَ اللهِ وَاللهُ عَزِيزٌ حَكِيمٌ"
"If a married man and a married woman commit adultery, stone them both; this is the punishment from Allah, and Allah is Mighty and Wise."
Reference: Sunan Ibn Majah, Hudud, Chapter of Stoning, Hadith 2553. For "a punishment from Allah and Allah is Mighty and Wise," see: Musnad Ahmad 5/132.
When it was established that the verse of stoning was in the Quran, then its recitation was abrogated but the ruling remained, and along with it, the mutawatir Sunnah and the consensus of the Ummah also stand on it, so now there is no room to deny it. However, the Kharijites and their current like-minded authors deny stoning by following their own desires and reject both the legal evidences and the consensus of the Ummah.
⑤ Definition of Muhsan and its Conditions
The married person who will be stoned for committing adultery refers to a person who has had intercourse with his wife after a valid and Shariah-compliant marriage, whether his wife is Muslim or from the People of the Book, and both husband and wife are sane, adult, and free. If even one of these conditions is not met, then he will not be considered Muhsan.
The conditions for being Muhsan are:
◈ The intercourse took place in the vagina.
◈ The intercourse took place after a Shariah marriage.
◈ Both the man and the woman are perfect, meaning both are sane, adult, and free.
⑥ The Wisdom Behind Specifying Stoning for the Married
The specification of stoning for the married is because after marriage, they have a legitimate and accessible way to avoid forbidden private parts. They are self-sufficient in avoiding sin and can keep themselves away from the punishment of adultery. Therefore, in every respect, their excuse is nullified. When the blessing of Allah is complete upon them in the form of a wife, then the one who has a more perfect blessing, his crime is also more heinous, and thus his punishment is kept severe.
⑦ Punishment for the Unmarried Adulterer
If the adulterer is unmarried, then the punishment is one hundred lashes. Allah Almighty says:
﴿الزّانِيَةُ وَالزّانى فَاجلِدوا كُلَّ وٰحِدٍ مِنهُما مِا۟ئَةَ جَلدَةٍ ... ﴿٢﴾... سورة النور
"Give the adulterous man and adulterous woman one hundred lashes each."
Reference: An-Nur 24:2
That is, its punishment is lighter than the punishment for a married person, which is stoning, because there is a kind of excuse present. Therefore, instead of stoning, the order is to give one hundred lashes on the whole body. Mercy and leniency will not be exercised in the implementation of this punishment, because Allah Almighty has said:
﴿وَلا تَأخُذكُم بِهِما رَأفَةٌ فى دينِ اللَّهِ إِن كُنتُم تُؤمِنونَ بِاللَّهِ وَاليَومِ الءاخِرِ ...﴿٢﴾... سورة النور
"Do not show mercy to them in the execution of Allah's law if you believe in Allah and the Last Day."
Reference: An-Nur 24:2.
From this verse, it is understood that faith requires firmness, steadfastness, and full effort in the implementation of divine commands.
⑧ Exile of an Unmarried Man
A single man will be given one hundred lashes and also exiled for one year. This ruling is established from the Hadith of the Prophet Muhammad ﷺ. In one Hadith, it is mentioned that the Prophet ﷺ ordered both one hundred lashes and exile for a person. Similarly, Hazrat Abu Bakr (RA) and Hazrat Umar (RA) also had a fornicator whipped and exiled.
The command of the Messenger of Allah ﷺ is:
"الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ سَنَةٍ"
"If a single man and a single woman commit fornication, their punishment is one hundred lashes and (for the man) one year of exile."
Reference: Sahih Muslim, Hudood, Chapter on the Punishment of Fornication, Hadith 1690; Sunan Abi Dawood, Hudood, Chapter on Stoning, Hadith 4415; Sunan Ibn Majah, Hudood, Chapter on the Punishment of Fornication, Hadith 2550 and the wording is his.
⑨ Punishment for Slave and Bondwoman
If the fornicator is a slave or a bondwoman, they will be given fifty lashes. Allah Almighty has said regarding bondwomen:
﴿ فَإِذا أُحصِنَّ فَإِن أَتَينَ بِفـٰحِشَةٍ فَعَلَيهِنَّ نِصفُ ما عَلَى المُحصَنـٰتِ مِنَ العَذابِ... ﴿٢٥﴾... سورة النساء
"When these bondwomen are married, then if they commit indecency, they will receive half the punishment of that which free women receive."
Reference: An-Nisa 4:25.
In such matters, no distinction is made between a slave and a maidservant. The punishment mentioned in the Quran is the punishment of lashes. Although the punishment of stoning was also mentioned in the Quran, its wording has been abrogated and the ruling remains.
⑩ No exile for a slave
A slave who commits adultery will not be given exile, because it causes loss to his master, and there is no explicit Shariah text regarding this. When asked about a maidservant, the Prophet Muhammad (peace be upon him) said:
"إِذَا زَنَتْ ، فَاجْلِدُوهَا ثُمَّ إِنْ زَنَتْ فَاجْلِدُوهَا"
"When he commits adultery, lash him; if he commits it again, lash him again."
Reference: Sahih Bukhari, Al-Buyu, Chapter: Sale of a Slave Who Commits Adultery, Hadith 2153.
This hadith does not mention exile.
⑪ In case of doubt, the punishment is waived
If there is any doubt or suspicion in penetration or adultery, the hadd punishment will not be obligatory on the accused, because the Prophet (peace be upon him) said:
"ادْرَءُوا الْحُدُودَ عَنْ الْمُسْلِمِينَ مَا اسْتَطَعْتُمْ"
"(If there are doubts and suspicions) do not impose punishments on Muslims beyond their capacity."
Reference: (Al-Da'eef) Jami' al-Tirmidhi, Hudood, Chapter: What has been narrated regarding repelling Hudood, Hadith 1424 and Sunan Ibn Majah, Hudood, Chapter: Concealment of a believer and repelling Hudood with doubts, Hadith 2545.
For example: if a person considers a woman as his wife and lives with her, or has intercourse with a contract he thought was valid but was not, or has intercourse after a marriage about which there is a difference of opinion among jurists, or if a person is unaware of the prohibition of adultery, for instance, if he is a new Muslim, or lives in a place far from Dar al-Islam where this ruling has not reached, or if a woman is forcibly subjected to adultery, then in such cases the punishment will not be enforced.
Ibn Mundhir, may Allah have mercy on him, says: "To the best of our knowledge, all scholars agree that in the presence of doubts and suspicions, the punishment will not be imposed."
This is ease and facilitation from Islamic Shariah, because doubt indicates that the intention and will to commit the crime were not fully present. Allah Almighty says:
﴿وَلَيسَ عَلَيكُم جُناحٌ فيما أَخطَأتُم بِهِ وَلـٰكِن ما تَعَمَّدَت قُلوبُكُم وَكانَ اللَّهُ غَفورًا رَحيمًا ﴿٥﴾... سورة الاحزاب
"And there is no blame upon you for what you do by mistake, but [only] for what your hearts have intended. And ever is Allah Forgiving and Merciful."
Reference: Al-Ahzab 5/33.
⑫ Methods of Proving Adultery
Before establishing the punishment of adultery on a person, it is necessary that the adultery is clearly proven. This proof will be obtained by one of two methods:
⑫-1 Proof through Confession
The person himself must confess and admit four times, as is narrated in the incident of Ma'iz bin Malik Aslami, may Allah be pleased with him, who confessed to adultery four times in front of the Messenger of Allah, peace be upon him. If one or two confessions were sufficient, the Prophet, peace be upon him, would have imposed the punishment at the first confession.
Reference: Sahih al-Bukhari, Hudood, "Does the Imam say to the confessor...?" Hadith 6824, 6825, and Sahih Muslim, Hudood, chapter "Whoever confesses to adultery on himself," Hadith (16).1691.
For the confession to be valid, the condition is that the confessor clearly states the reality of the act of intercourse in explicit words, remains firm on his confession, and does not retract before the punishment is carried out. If he does not clarify the actual nature and reality of the adultery, the punishment will not be applied, because it is possible that he means some other forbidden act for which the punishment of adultery is not obligatory.
That is why it is mentioned in the hadith that when Ma'iz Aslami, may Allah be pleased with him, confessed to adultery, the Prophet ﷺ, seeking clarification, asked: "Did you kiss her or did you snap your fingers at her?" He said: No, that did not happen. Then he repeatedly sought full clarification until all possibilities were exhausted, then the Prophet ﷺ ordered the punishment to be carried out.
Reference: Sahih al-Bukhari Hudood Hal Yaqul al-Imam lil-Muqri'...? Hadith 6824, 6825, and Sahih Muslim Hudood Bab Man A'tarafa 'ala Nafsihi bil-Zina Hadith (16).1691.
If the one who confesses retracts before the punishment is carried out, then the punishment will not be enforced. The Prophet ﷺ repeatedly asking for clarification was perhaps an indication for him to retract. And when Ma'iz, may Allah be pleased with him, fled due to the pain of the stoning, the Prophet ﷺ said:
"هَلَّا تَرَكْتُمُوهُ لَعَلَّهُ أَنْ يَتُوبَ فيتوب الله عليه"
"Why did you let him go? Perhaps he would have repented and Allah would have accepted his repentance."
Reference: Sunan Abi Dawood Hudood Babarjum Ma'iz bin Malik Hadith 4419.
⑫-2 Proof through witnesses
If four men testify to someone's adultery, the punishment will be carried out on him. Allah Almighty has said:
﴿لَوْلَاجَاءُوا عَلَيْهِ بِأَرْبَعَةِ شُهَدَاءَ﴾
"Why did he not bring four witnesses upon him?"
Reference: An-Nur 13/24.
And He said:
﴿وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ ... ﴿٤﴾... سورةالنور
"And those who accuse chaste women and do not produce four witnesses."
Reference: An-Nur 4/24.
Also He said:
﴿فَاستَشهِدوا عَلَيهِنَّ أَربَعَةً مِنكُم... ﴿١٥﴾...سورة النساء
"Ask for four witnesses from among them."
Reference: An-Nisa 4/15.
The testimony of four men in adultery will be accepted only when these conditions are met:
◈ All four testify in the same gathering.
◈ All are testifying about the same incident.
◈ They describe the incident of adultery so explicitly that no doubt or suspicion remains, because sometimes a bad act is mistaken for adultery, although the punishment for adultery is not applied in that case.
◈ The witnesses are reliable; the testimony of women or sinners will not be accepted in this incident.
◈ None of the four is a person whose testimony is invalid according to Shariah, for example, a blind person.
If even one of the aforementioned conditions is not present, then the punishment of Qadhf (false accusation) will be applied to all those witnesses, because they have made a false accusation. Allah Almighty says:
﴿وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمـٰنينَ جَلدَةً ... ﴿٤﴾... سورةالنور
"Those who accuse chaste women and do not produce four witnesses, flog them with eighty lashes."
Reference: An-Nur 24:4
⑬ The Disputed Issue of Proof of Adultery through Pregnancy
According to the mentioned conditions, adultery is established either by the testimony of witnesses or by the confession of the adulterer, and there is consensus among scholars on this. However, there is a difference of opinion on whether adultery is established by the appearance of pregnancy in a woman, for example, a woman who is pregnant but has neither a husband nor a master?
Some scholars say that the punishment will not be applied in this case, because it is possible that she was forced or that intercourse occurred due to some doubt. Whereas some scholars say that the punishment of adultery will be applied to such a woman, provided that she does not claim any doubt.
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says: "This was the doctrine of the Rightly Guided Caliphs, may Allah be pleased with them all, and this is more in accordance with the principles of Shariah. The religion of the people of Madinah was also the same, because weak possibilities are not to be considered."
Reference: Majmoo' al-Fatawa 28/334.
Ibn Qayyim, may Allah have mercy on him, says: "Our master Umar, may Allah be pleased with him, ordered the stoning of a woman who had become pregnant, even though she had neither a husband nor a master. Imam Malik, may Allah have mercy on him, and Imam Ahmad, may Allah have mercy on him, also held this doctrine, in which reliance was placed on apparent evidence."
Reference: Al-Turuq al-Hukmiyyah by Ibn al-Qayyim, Introduction p. 28.
⑭ Punishment for the Act of the People of Lot
Just as a hadd punishment is carried out when fornication is proven, similarly the one who commits the act of the people of Lot is also deserving of hadd, because it is also a very vile, detestable, and against the sound nature crime. Allah Almighty said about the people of Lot:
﴿أَتَأتونَ الفـٰحِشَةَ ما سَبَقَكُم بِها مِن أَحَدٍ مِنَ العـٰلَمينَ ﴿٨٠﴾ إِنَّكُم لَتَأتونَ الرِّجالَ شَهوَةً مِن دونِ النِّساءِ بَل أَنتُم قَومٌ مُسرِفونَ ﴿٨١﴾... سورة الاعراف
"(Do) you commit an indecent act that no one in the world before you has done? Indeed, you approach men with desire instead of women. Rather, you are a transgressing people."
Reference: Al-A'raf 7/80,81.
The prohibition of the act of the people of Lot is established by the Quran, Sunnah, and consensus. Allah Almighty has declared this act as such an indecent and forbidden deed that no one before them in the world had done. In other words, they were deviating from the common path of all humanity. Furthermore, Allah Almighty described them as criminals who transgressed the limits set by Allah and committed excesses because of this sin, and due to this crime, a punishment was sent upon them that was not sent upon any other nation. They were swallowed by the earth, and stones of baked clay were rained upon them.
The Messenger of Allah, peace be upon him, cursed both the doer and the one to whom it was done.
Reference: Jami' at-Tirmidhi, Hudud, chapter on the punishment of the people of Lot, Hadith 1456. However, in the hadith, the curse on the act of the people of Lot is reported as Mauquf (attributed to a companion).
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says: "The correct view is that both the doer and the one acted upon should be killed, whether they are married or unmarried. This was the belief of the Companions, may Allah be pleased with them all, and there is no known report of any disagreement on this matter. However, some hold the opinion that they should be thrown down from the highest wall of the city and then stoned."
Reference: Majmoo' al-Fatawa Ibn Taymiyyah 28/334-335.
Ibn Qudamah, may Allah have mercy on him, says: "Because there is consensus of the Companions, may Allah be pleased with them all, on this, all agree on the killing, but there is difference regarding the method of killing."
Reference: Al-Mughni wal-Sharh al-Kabeer 10/158.
Ibn Rajab, may Allah have mercy on him, says: "The correct view is that he should be killed, whether married or unmarried, because Allah Almighty says:
"وَأَمْطَرْنَا عَلَيْهَا حِجَارَةً مِّن سِجِّيلٍ"
"And We rained upon them stones of hard clay."
Reference: Al-Hijr 15/74.
And Imam Ahmad, may Allah have mercy on him, says: "He should be stoned, whether he is a virgin or married." Imam Malik, may Allah have mercy on him, holds the same view. While Imam Shafi'i, may Allah have mercy on him, says: "He should be killed," because in the hadith it is stated that the Messenger of Allah, peace and blessings be upon him, said:
"مَنْ وَجَدْتُمُوهُ يَعْمَلُ عَمَلَ قَوْمِ لُوطٍ فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُولَ بِهِ"
"If you find anyone doing the act of the people of Lot, kill the one who does it and the one to whom it is done."
Reference: Sunan Abi Dawood, Hudood, Chapter: Concerning the one who does the act of the people of Lot, Hadith 4462.
⑮ The ruling on using the wife's anus
If a man uses his wife's anus instead of her vagina, he is also committing an act like that of the people of Lot. Allah Almighty says:
﴿فَأتوهُنَّ مِن حَيثُ أَمَرَكُمُ اللَّهُ إِنَّ اللَّهَ يُحِبُّ التَّوّٰبينَ وَيُحِبُّ المُتَطَهِّرينَ ﴿٢٢٢﴾... سورةالبقرة
"Go to your wives and approach them from where Allah has permitted you. Indeed, Allah loves those who repent and loves those who purify themselves."
Reference: Al-Baqarah: 2/222.
Hazrat Ibn Abbas, may Allah be pleased with him, Mujahid, may Allah have mercy on him, and other scholars say that in this verse:
﴿فَأتوهُنَّ مِن حَيثُ أَمَرَكُمُ اللَّهُ ...﴿٢٢٢﴾... سورة البقرة
It refers to the woman's vagina, not the anus. Therefore, a person who exceeds the prescribed limit is one who transgresses the divine laws and deserves punishment. If a person insists on this act and repeatedly commits it, then his wife should leave such a wicked husband, because living with him in such a condition is neither correct nor permissible.
Explanation of the Punishment for Qadhf
According to the esteemed jurists, may Allah have mercy on them, Qadhf means accusing someone of adultery or the act of the people of Lot, while linguistically Qadhf means: "to throw forcefully." Later, this word came to be used in the sense of accusing someone of adultery or the act of the people of Lot. The prohibition of Qadhf is established by the Book of Allah, the Sunnah of the Prophet Muhammad ﷺ, and consensus. Allah Almighty has said:
﴿وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمـٰنينَ جَلدَةً وَلا تَقبَلوا لَهُم شَهـٰدَةً أَبَدًا وَأُولـٰئِكَ هُمُ الفـٰسِقونَ ﴿٤﴾... سورة النور
"Those who accuse chaste women and do not bring four witnesses, flog them eighty lashes and never accept their testimony; they are the defiantly disobedient."
Reference: An-Nur 4/24.
This verse mentions the worldly punishment, meaning to be beaten with the same whip, to have one's testimony rejected, and to be declared sinful, defective, and disgraced, provided that the accused cannot prove their allegation and is lying. As for the punishment in the Hereafter, Allah Almighty has described it as follows:
﴿إِنَّ الَّذينَ يَرمونَ المُحصَنـٰتِ الغـٰفِلـٰتِ المُؤمِنـٰتِ لُعِنوا فِى الدُّنيا وَالءاخِرَةِ وَلَهُم عَذابٌ عَظيمٌ ﴿٢٣﴾ يَومَ تَشهَدُ عَلَيهِم أَلسِنَتُهُم وَأَيديهِم وَأَرجُلُهُم بِما كانوا يَعمَلونَ ﴿٢٤﴾ يَومَئِذٍ يُوَفّيهِمُ اللَّهُ دينَهُمُ الحَقَّ وَيَعلَمونَ أَنَّ اللَّهَ هُوَ الحَقُّ المُبينُ ﴿٢٥﴾... سورة النور
"Indeed, those who accuse chaste, innocent, believing women are cursed in this world and the Hereafter, and for them is a great punishment. (23) On the Day when their tongues, their hands, and their feet will bear witness against them as to what they used to do. (24) That Day Allah will pay them their full recompense, and they will know that Allah is the Truth and that He is the manifesting."
Reference: An-Nur 24/23-25.
The Prophet Muhammad (peace be upon him) said:
"اجتنبوا السبع الموبقات قالوا يا رسول الله وما هن قال الشرك بالله والسحر وقتل النفس التي حرم الله إلا بالحق وأكل الربا وأكل مال اليتيم والتولي يوم الزحف وقذف المحصنات المؤمنات الغافلات"
"Avoid these seven destructive sins that ruin and destroy a person... (One of them is) accusing chaste, innocent women of adultery."
Reference: Sahih al-Bukhari, Al-Wasaya, chapter on the saying of Allah Almighty: (Indeed, those who devour the property of orphans unjustly only consume fire in their bellies, and they will be burned in a Blaze) (An-Nisa 4/10) Hadith: 2766.
There is a consensus among the people of Islam that slander (Qadhf) is forbidden, and it is counted among the major sins.
① Punishment of the Slanderer
Allah Almighty has prescribed a severe and exemplary punishment for the slanderer, i.e., the one who falsely accuses. Thus, when a sane, adult person, without compulsion or coercion, accuses a chaste person of adultery or the act of the people of Lot, and is proven to be lying in their claim, then eighty lashes shall be inflicted on their body. Allah Almighty has said:
﴿ وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمـٰنينَ جَلدَةً ... ﴿٤﴾... سورة النور
"Those who accuse chaste women and do not bring four witnesses, lash them with eighty lashes."
Reference: An-Nur 24:4
It should be clear that whether the accused person is male or female, the ruling is the same in both cases. The mention of women specifically in the verse is because the incident of the revelation of the verse was related to a false accusation against a woman, and also because making such accusations against women is considered extremely disgraceful.
② Wisdom behind this Punishment
The severe punishment for the accuser is given so that the honor of Muslims is not violated by scoundrels and vile people, so that tongues are protected from such impure words that defame chaste people, and the Islamic society remains safe from the spread of immorality and evil germs.
③ Essential Attributes of the Accused in Qadhf
The punishment of Qadhf will only be applied when the accusation is made against a person who is free, Muslim, sane, chaste, adult or nearly adult, and capable of sexual intercourse.
Imam Ibn Rushd (may Allah have mercy on him) states: "The consensus of the scholars is that if the person accused possesses five attributes, then the punishment is obligatory on the accuser: adulthood, freedom, chastity, Islam, and physical capability for intercourse. If even one of these attributes is missing, the punishment of Qadhf will not be applied on the accuser."
Reference: Hidayat al-Mujtahid 2/783.
④ The Punishment of Qadhf is the Right of the Accused
The punishment for slander (Hadd-e-Qadhf) is the right of the accused (Maqdhuf). If he forgives, the punishment will not be enforced. Therefore, the implementation of the punishment for slander will only be upon the demand of the accused. If he forgives the slanderer (Qadhif), the punishment will be waived; however, the discretionary punishment (Ta'zir) will remain so that he does not commit such a crime again, which is not only forbidden but also one for which Allah has warned with His curse and painful punishment.
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says: "The punishment for the slanderer will only be applied when the accused demands it."
Reference: Majmoo' al-Fatawa 34/185.
There is consensus among the scholars on this.⑤ Ruling on Slander Against an Absent Person
If someone accuses an absent person of adultery, the punishment for the slanderer will only be enforced when the accused is present and demands the punishment for slander, or it is proven that he demanded this punishment even during his absence.
⑥ Two Types of Words of Slander
The words of slander are of two types:
◈ Clear Words: Those words which only indicate slander, such as saying to someone: "O adulterer!" or "O doer of the act of the people of Lot!" In such words, there is no need to ask the slanderer for further clarification.
◈ Metaphorical Words: Those words in which, besides slander, there is also a possibility of another meaning, such as calling someone "O prostitute!", "O immoral woman!" or "O wicked woman!" Such words require asking the speaker for clarification. If he says that by prostitute he meant a woman who adorns herself for disobedience, by immoral woman he meant a wife who disobeys her husband, and by wicked woman he meant a woman of bad nature, then this clarification will be accepted, and merely such words will not establish the limit of slander, because where there is doubt, the limit is not enforced.
⑦ The ruling on accusing a group or the people of a city
If someone accuses an entire group or the people of a city of adultery, the punishment of hadd for qadhf will not be applied to them; however, they will be given a discretionary punishment (ta'zir), because they have certainly lied. Similarly, using offensive words and severe insults will also result in a discretionary punishment, even if the accused does not demand it, because it is a sin and requires discipline.
⑧ The ruling on accusing a Prophet of adultery
Whoever falsely accuses a Prophet of adultery has committed disbelief (kufr), and if he was previously a Muslim, he becomes an apostate (murtad).
Shaykh al-Islam Ibn Taymiyyah, may Allah have mercy on him, says: "Accusing the wives of the Messenger of Allah, peace be upon him, is in fact accusing the Messenger of Allah, peace be upon him, and such an accuser is to be judged as an apostate."
Later, the Sheikh states: "If the slanderer repents, asks for forgiveness, and the slandered person has not yet become aware of it, will his repentance be accepted or not? In this matter, people's rulings differ. The majority opinion is that if the slandered person has become aware, then repentance is not valid, and if he has not become aware, then repentance will be valid. However, the slanderer should pray and seek forgiveness as much as possible for the slandered person."
⑨ Emphasis on Protecting the Tongue
From this entire discussion, it is clear that the tongue has great dangers, and a person will be held accountable for the words that come out of the tongue. The Prophet Muhammad (peace be upon him) said:
"وَهَلْ يَكُبُّ النَّاسَ فِي النَّارِ عَلَى وُجُوهِهِمْ أَوْ عَلَى مَنَاخِرِهِمْ إِلَّا حَصَائِدُ أَلْسِنَتِهِمْ"
"Many people will be thrown into Hell by their tongues."
Reference: Jami' at-Tirmidhi, Book of Faith, Chapter on the Sanctity of Prayer, Hadith 2616; Musnad Ahmad 5/231.
Allah Almighty says:
﴿ما يَلفِظُ مِن قَولٍ إِلّا لَدَيهِ رَقيبٌ عَتيدٌ ﴿١٨﴾... سورة ق
"(Man) utters no word except that with him is an observer, ready (an angel) to record it."
Reference: Qaf 50:18.
And Allah Almighty said:
﴿يـٰأَيُّهَا الَّذينَ ءامَنُوا اتَّقُوا اللَّهَ وَقولوا قَولًا سَديدًا ﴿٧٠﴾... سورة الاحزاب
"O you who have believed! Fear Allah and speak words of straightforward truth."
Reference: Al-Ahzab 33/70.
Therefore, it is obligatory upon a person to guard their tongue, speak thoughtfully, and utter truthful, straightforward, and firm words.
