The Complete Islamic Ruling on Zina (Adultery) and its Punishment
What is Zina?
When a man and a woman, without a lawful marital relationship between them, engage in sexual intercourse (i.e., the man inserts his penis into the woman’s vagina), it is called “Zina.”
The Punishment for Zina in the Light of the Quran and Sunnah
Zina is an extremely heinous act and a great corruption. Its effects are vast, and it gives rise to many harms. The punishment for Zina is given in both this world and the Hereafter. In this world, the punishment for an unmarried person is one hundred lashes, and for a married person, it is stoning to death (rajm). In the Hereafter, there is the disgraceful torment of Hell. Samurah ibn Jundub (may Allah be pleased with him) narrated that the Prophet (peace be upon him) said: “Last night, two visitors came to me, woke me up, and took me with them… The Prophet (peace be upon him) said: We went on until we came to something like a furnace. Therein was much noise and voices. The Prophet (peace be upon him) said: We looked inside it and saw naked men and women. Flames of fire were coming to them from underneath, and when the flames reached them, they made a loud noise. The Prophet (peace be upon him) said: I asked the two of them, ‘Who are these people?’… They said, ‘Those who were in the furnace-like structure were fornicating men and women.'” (Sahih Bukhari, Hadith No. 6525). However, if Allah conceals someone’s sin and it does not come before the judge, then they should also conceal their sin and repent sincerely to Allah so that on the Day of Judgment, when all cases are brought before Allah’s court for perfect justice and every sin is examined, this person may be saved from the punishment of Hell. (Fatwa Committee)
Proof for the Hadd (Prescribed Punishment) of Zina
In Shariah, proof of Zina is necessary to implement the Hadd of Zina. There are several forms of proof for Zina, for example:
- Four witnesses.
- Confession and admission.
- Pregnancy.
See: Ahkam o Masail / Nikah ke Masail / Volume: 1 / Page: 322
A Detailed Explanation of the Hadd of Zina in the Light of the Quran and Sunnah
Wa’alaikum Assalam Wa Rahmatullahi Wa Barakatuh!
Praise be to Allah, and peace and blessings be upon the Messenger of Allah. Now to the point:
The jurists have stated that it is necessary for the ruler or his deputy to be present when the Hadd for Zina is being carried out. Similarly, a group of believers must be present because Allah the Exalted says:
﴿وَليَشهَد عَذابَهُما طائِفَةٌ مِنَ المُؤمِنِينَ ﴿٢﴾… سورة النور
“And let a party of the believers witness their punishment.”
(Surah An-Nur 24:2)
Zina is a major crime, and its sin and reprehensibility increase in certain situations, for example: committing Zina with a married woman, a mahram (unmarriageable kin), or a neighbor’s wife. These are among the most heinous sins.
➊ Zina is included among the greatest crimes and sins because it leads to the mixing of lineage, through which a person’s identity is established and through which one gives and receives help in lawful matters. Furthermore, it causes the destruction of progeny and نسل (lineage/offspring).
➋ Due to these vile consequences, Allah the Exalted has prescribed a severe punishment for Zina. If the fornicator is married, they are to be stoned to death. If they are unmarried, they are to be given one hundred lashes. Additionally, an unmarried man is to be exiled for one year. Moreover, it leads to diseases that destroy society. This is why the Lawgiver (peace be upon him) has strongly emphasized abstaining from it. Allah the Exalted says:
﴿وَلا تَقرَبُوا الزِّنىٰ إِنَّهُ كانَ فـٰحِشَةً وَساءَ سَبيلًا ﴿٣٢﴾… سورة الإسراء
"And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way."
(Surah Al-Isra 17:32)
This is why the severe punishment mentioned above has been prescribed for it.
➌ The jurists have defined Zina as follows: “Committing illicit intercourse in the vagina or anus is called Zina.”
Ibn Rushd (may Allah have mercy on him) says: “Zina refers to every act of intercourse where there is no marriage, شبه نکاح (resemblance of marriage), or ownership of a female slave (milk yamin). (For example: a marriage was conducted without the necessary conditions, or a person unknowingly married a woman with whom marriage was not permissible. (Sarim))
There is a consensus among the scholars on this definition, but there is a difference of opinion as to what constitutes a ‘resemblance’ that would avert the prescribed punishment.”
(Hidayat al-Mujtahid 2/769).
➍ If the fornicator is married, sane, and an adult, they will be stoned until they die, whether male or female. Apart from the Khawarij, all scholars of all eras have had a consensus on this issue.
➎ The punishment of stoning (rajm) is established by several متواترة (consecutively narrated) hadiths of the Messenger of Allah (peace be upon him), both verbal and practical.
➏ The ruling of stoning was mentioned in the Quran, then its wording was abrogated, but the ruling remains. The words of the Quran were: “الشَّيْخُ وَالشَّيْخَةُ إِذَا زَنَيَا فَارْجُمُوهُمَا الْبَتَّةَ نَكَالًا مِنَ اللهِ وَاللهُ عَزِيزٌ حَكِيمٌ”
“If a married man and a married woman commit Zina, stone them both as a punishment from Allah, and Allah is All-Mighty, All-Wise.”
(Sunan Ibn Majah, Al-Hudud, Bab Al-Rajm, Hadith 2553. For “نَكَالًا مِنَ اللهِ وَاللهُ عَزِيزٌ حَكِيمٌ”, see: Musnad Ahmad 5/132).
➐ Since it has been established that the verse of stoning existed in the Quran, then its recitation was abrogated but its ruling remains, and since stoning is also established by متواترة Sunnah and consensus (ijma), there is no room for denying it. However, the group of the Khawarij and their contemporary like-minded authors, being slaves to their desires, deny stoning and reject the Shariah evidence and the consensus of the Ummah.
➑ A married person who is stoned for committing Zina refers to one who has had intercourse with his wife through a valid, Shariah-compliant marriage. The wife may be a Muslimah or from the People of the Book (Kitabiyah), and both husband and wife must be sane, adult, and free. If even one condition is not met, they (the couple) will not be considered محصن (muhsan – married). The conditions are as follows:
⓵. Intercourse must have taken place in the vagina.
⓶. Intercourse must have taken place after a Shariah-compliant marriage.
⓷. Both must be complete, i.e., the man and woman must both be sane, adult, and free.
➒ The reason for specifying stoning for a married person is that after marriage, they know how to avoid unlawful sexual relations. A married person is not in need of committing unlawful acts and can keep themselves away from the punishment of Zina. Therefore, their excuse is completely removed, and the blessing (of Allah) in the form of a wife has been perfected upon them. The greater the blessing upon someone, the more heinous their crime, and thus the punishment is also more severe.
❿ If the person who commits Zina is unmarried, their punishment is one hundred lashes. Allah the Exalted says:
﴿الزّانِيَةُ وَالزّانى فَاجلِدوا كُلَّ وٰحِدٍ مِنهُما مِا۟ئَةَ جَلدَةٍ … ﴿٢﴾… سورة النور
"The [unmarried] woman or [unmarried] man found guilty of sexual intercourse - lash each one of them with a hundred lashes."
(Surah An-Nur 24:2)
So, this punishment is lighter than the punishment for a married person (stoning) because they have an excuse. Therefore, instead of being stoned, they are given the punishment of one hundred lashes on the entire body, and no mercy or pity should be shown in this matter because Allah the Exalted says:
﴿وَلا تَأخُذكُم بِهِما رَأفَةٌ فى دينِ اللَّهِ إِن كُنتُم تُؤمِنونَ بِاللَّهِ وَاليَومِ الءاخِرِ …﴿٢﴾… سورة النور
"And let not pity for them prevent you from [carrying out] the religion of Allah, if you should believe in Allah and the Last Day."
(Surah An-Nur 24:2)
According to this verse, faith demands firmness and steadfastness in religion and a full effort in implementing its rulings.
⓫ An unmarried man, after being given one hundred lashes, should be exiled for one year. This ruling is established from the hadith of the Messenger of Allah (peace be upon him). In a hadith, the Prophet (peace be upon him) ordered a man to be given one hundred lashes and also exiled him. Sayyiduna Abu Bakr (may Allah be pleased with him) and Umar (may Allah be pleased with him) also lashed fornicators and exiled them.
The Messenger of Allah (peace be upon him) said:
“الْبِكْرُ بِالْبِكْرِ جَلْدُ مِائَةٍ وَتَغْرِيبُ سَنَةٍ”
"For an unmarried man and an unmarried woman who commit Zina, (their punishment is one hundred) lashes and (for the man) one year of exile."
- Sahih Muslim/ Al-Hudud/ Bab Hadd Al-Zina/ Hadith No: 1690
- Sunan Abi Dawood/ Al-Hudud/ Bab Fi Al-Rajm/ Hadith No: 4415
- Sunan Ibn Majah/ Al-Hudud/ Bab Hadd Al-Zina/ Hadith No: 2550 (This wording)
⓬ If the one who commits Zina is a male or female slave, they are to be given fifty lashes. Allah the Exalted has said regarding female slaves:
﴿ فَإِذا أُحصِنَّ فَإِن أَتَينَ بِفـٰحِشَةٍ فَعَلَيهِنَّ نِصفُ ما عَلَى المُحصَنـٰتِ مِنَ العَذابِ… ﴿٢٥﴾… سورة النساء
"But once they are sheltered in marriage, if they should commit adultery, then for them is half the punishment for free women."
(Surah An-Nisa 4:25)
In such matters, there is no difference between a male and a female slave. The punishment mentioned in the Quran is the punishment of lashes, although the punishment of stoning was also mentioned in the Quran, its wording is abrogated, but the ruling remains.
⓭ A fornicating male slave will not be given the punishment of exile because it causes loss to his master, and no specific religious text has been narrated regarding it. When the Prophet (peace be upon him) was asked about a female slave, he said:
“إِذَا زَنَتْ ، فَاجْلِدُوهَا ثُمَّ إِنْ زَنَتْ فَاجْلِدُوهَا”
“If she commits Zina, lash her. If she commits Zina again, lash her again.”
(Sahih al-Bukhari, Al-Buyu’, Bab Bay’ al-‘Abd al-Zani, Hadith 2153).
In this, he (peace be upon him) did not mention exile.
⓮ If there is any doubt in the act of intercourse or Zina, it is not obligatory to impose the Hadd on the accused, because the Prophet (peace be upon him) said:
“ادْرَءُوا الْحُدُودَ عَنْ الْمُسْلِمِينَ مَا اسْتَطَعْتُمْ”
"Avert the prescribed punishments from the Muslims as much as you can (due to doubts)."
(Al-Da’if) Jami` at-Tirmidhi, Al-Hudud, Bab Ma Ja’a fi Dar’ al-Hudud, Hadith 1424, and Sunan Ibn Majah, Al-Hudud, Bab al-Satr ‘ala al-Mu’min wa Daf’ al-Hudud bi al-Shubuhat, Hadith 2545.
For example: a person has intercourse with a woman thinking she is his wife, or he had intercourse under a contract or agreement which he thought was permissible, whereas it was impermissible, or he had intercourse after a marriage that was disputed among scholars, or a person was unaware of the prohibition of Zina, for example, he was a new Muslim or lived in a settlement far from Dar al-Islam where he could not learn about the prohibition of Zina, or a woman was forced into Zina, then the Hadd will not be applied to her.
Ibn al-Mundhir (may Allah have mercy on him) says: “As far as we know, all scholars agree that the Hadd will not be carried out in the presence of doubts.”
This is a facility and ease given by the Islamic Shariah. The reason for this is that doubt indicates that the person’s intention and will were not involved in the commission of the crime. Allah the Exalted 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 that in which you have erred but [only for] what your hearts intended. And ever is Allah Forgiving and Merciful."
(Surah Al-Ahzab 33:5)
⓯ Before establishing the Hadd of Zina on a person, it is necessary that their act of Zina is clearly proven. This proof can be obtained in one of two ways:
⓵⇐ The person himself confesses four times, as narrated in the hadith about Ma’iz ibn Malik al-Aslami (may Allah be pleased with him), who came to the Messenger of Allah (peace be upon him) and confessed to Zina four times. If a confession of less than four times had been sufficient, the Prophet (peace be upon him) would have implemented the Hadd on him when he confessed the first time.
For a confession to be valid, it is a condition that he describes the reality of the intercourse clearly, stands by his confession, and does not retract it until the Hadd is established upon him. If he does not clearly describe the correct form and reality of Zina, the Hadd will not be applied to him, because it is possible that he meant some other forbidden act for which the Hadd of Zina does not apply. Thus, it is in the hadith that when Ma’iz al-Aslami (may Allah be pleased with him) confessed to committing Zina, the Prophet (peace be upon him) sought clarification and asked him: “Perhaps you kissed or pinched her?” He said: “No, that did not happen.” He repeatedly explained the incident and confessed before the Prophet (peace be upon him) until all possibilities were eliminated, then the Prophet (peace be upon him) ordered the Hadd to be established on him.
(Sahih al-Bukhari/ Al-Hudud/ Hal Yaqul al-Imam lil-Muqirr…?/ Hadith No. 6824, 6825)
(Sahih Muslim/ Al-Hudud/ Bab Man I’tarafa ‘ala Nafsihi bil-Zina/ Hadith No. (16)-1691).
If the confessor retracts his confession before the Hadd is established, the Hadd will not be established upon him. The Prophet’s (peace be upon him) repeated requests for clarification were perhaps an indication for him to retract. Also, when he ran away due to the pain of the stoning, the Prophet (peace be upon him) said:
“هَلَّا تَرَكْتُمُوهُ لَعَلَّهُ أَنْ يَتُوبَ فيتوب الله عليه”
"Why did you not let him go? Perhaps he would have repented, and Allah would have accepted his repentance."
(Sunan Abi Dawood, Al-Hudud, Bab Rajm Ma’iz ibn Malik, Hadith 4419).
⓶⇐ If four men testify to someone’s Zina, the Hadd will be carried out on that person. Allah the Exalted says:
﴿لَوْلَاجَاءُوا عَلَيْهِ بِأَرْبَعَةِ شُهَدَاءَ﴾
"Why did they not bring four witnesses to it?"
(Surah An-Nur 24:13)
And the Almighty says:
﴿وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ … ﴿٤﴾… سورةالنور
"And those who accuse chaste women and then do not produce four witnesses..."
(Surah An-Nur 24:4).
And the Almighty says:
﴿فَاستَشهِدوا عَلَيهِنَّ أَربَعَةً مِنكُم… ﴿١٥﴾…سورة النساء
"Then bring four witnesses from among you against them."
(Surah An-Nisa 4:15).
The testimony of four men in the case of Zina will be accepted when the following conditions are met:
⓵↞ All four persons testify in the same session.
⓶↞ They testify regarding the same incident against the fornicator.
⓷↞ They describe the incident of Zina in such a way that no possibility of doubt remains, because sometimes a bad act is perceived as Zina, whereas the punishment of Zina does not apply to that act. Therefore, it is necessary that they explain the situation clearly so that no doubt remains.
⓸↞ The witnesses must be credible. The testimony of women or transgressors (fasiqeen) will not be accepted in this incident.
⓹↞ Among these four individuals, there should not be any person whose testimony is unacceptable, for example, someone who is blind.
If even one of the above-mentioned conditions is missing, all these witnesses will be subjected to the Hadd of Qadhf (slander) for accusing that person. Allah the Exalted says:
﴿وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمـٰنينَ جَلدَةً … ﴿٤﴾… سورةالنور
"And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes."
(Surah An-Nur 24:4).
⓰ The crime of Zina is established by testimony according to the above-mentioned conditions or by the confession of the fornicator; there is a consensus of scholars on this. However, there is a difference of opinion on whether the appearance of pregnancy in a woman proves Zina, for example, the pregnancy of a woman who has no husband or master. Some scholars say that the Hadd will not be carried out on such a woman because it is possible that she was coerced or that intercourse took place based on some doubt. Some scholars say that the Hadd of Zina will be applied to such a woman, provided she does not claim any doubt.
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says: “This was the position of the Rightly-Guided Caliphs (may Allah be pleased with them all), which is in accordance with the principles of Shariah. This was also the madhhab of the people of Madinah because weak possibilities are not given consideration.”
(Majmu’ al-Fatawa 28/334).
Ibn al-Qayyim (may Allah have mercy on him) says: “Sayyiduna Umar (may Allah be pleased with him) ordered the stoning of a woman who became pregnant, although she had no husband or master. This is the position of Imam Malik (may Allah have mercy on him) and Imam Ahmad (may Allah have mercy on him), in which reliance is placed on a clear قرينة (indication).”
(Al-Turuq al-Hukmiyyah by Ibn al-Qayyim, Introduction, p. 28).
⓱ Just as the Hadd is carried out when Zina is proven, the Hadd will also be implemented on the person who commits the act of the people of Lut (homosexuality), because this is also a vile and heinous crime and is against sound human nature (fitrah). Allah the Exalted said about the people of Lut:
﴿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 such immorality as no one has preceded you with from among the worlds? Indeed, you approach men with desire, instead of women. Rather, you are a transgressing people."
(Surah Al-A’raf 7:80-81)
The prohibition of the act of the people of Lut is clear from the Book, the Sunnah, and the consensus (ijma). Allah the Exalted said about it that they were committing such an immoral and forbidden act that no one in the world had done before them. In this respect, they were on a path contrary to all of humanity. Furthermore, due to their commission of this forbidden act, they were declared as transgressors of the limits of Allah, wrongdoers, and criminals. And because of this heinous and abominable act, such a severe punishment was sent down upon them, the like of which was not sent down upon anyone else. They were sunk into the earth, and a rain of baked clay stones was showered upon them.
The Messenger of Allah (peace be upon him) cursed both the active and passive partners in this act.
(Jami` at-Tirmidhi/ Al-Hudud/ Bab Ma Ja’a fi Hadd al-Luti/ Hadith No. 1456 (However, the hadith cursing the act of the people of Lut is narrated as موقوفاً (mawqufan – statement of a companion)).
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says: “The correct view is that both the active and passive partners should be given the death penalty, whether they are married or unmarried. This was the position of the Companions (may Allah be pleased with them all), and no difference of opinion is reported from them. However, some believe that they should be taken to the highest wall of the town, thrown off, and then stoned to death.”
(Majmu’ al-Fatawa by Ibn Taymiyyah 28/334-335).
Ibn Qudamah (may Allah have mercy on him) says: “Because there is a consensus of the Companions (may Allah be pleased with them all) on killing the one who commits the act of the people of Lut. Therefore, all agree on killing him, but they differ on the method of killing.”
(Al-Mughni wa al-Sharh al-Kabir 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 says:
“وَأَمْطَرْنَا عَلَيْهَا حِجَارَةً مِّن سِجِّيلٍ”
“And We rained upon them stones of baked clay.”
(Surah Al-Hijr 15:74)
And Imam Ahmad (may Allah have mercy on him) says: “He will be stoned, whether he is unmarried or married. This is also the position of Imam Malik (may Allah have mercy on him). And Imam Shafi’i (may Allah have mercy on him) says: ‘He should be killed,’ because it is in the hadith that the Messenger of Allah (peace be upon him) said:
“مَنْ وَجَدْتُمُوهُ يَعْمَلُ عَمَلَ قَوْمِ لُوطٍ فَاقْتُلُوا الْفَاعِلَ وَالْمَفْعُولَ بِهِ”
"Whoever you find doing the deed of the people of Lut, kill the one who does it and the one to whom it is done."
(Sunan Abi Dawood, Al-Hudud, “Bab fi man ‘amila ‘amal qawm Lut,” Hadith 4462).
⓲ If a person uses his wife’s anus instead of her vagina, he is also committing an act similar to that of the people of Lut. Allah the Exalted says:
﴿فَأتوهُنَّ مِن حَيثُ أَمَرَكُمُ اللَّهُ إِنَّ اللَّهَ يُحِبُّ التَّوّٰبينَ وَيُحِبُّ المُتَطَهِّرينَ ﴿٢٢٢﴾… سورةالبقرة
"So come to them from where Allah has ordered you. Indeed, Allah loves those who are constantly repentant and loves those who purify themselves."
(Surah 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 the verse:
﴿فَأتوهُنَّ مِن حَيثُ أَمَرَكُمُ اللَّهُ …﴿٢٢٢﴾… سورة البقرة
…the meaning is “the woman’s vagina, not her anus.” Whoever transgresses the prescribed limit is a transgressor of the commands of Allah. Such a person deserves punishment. If someone does this continuously, his wife should leave such a wicked husband, because in this case, living with him is not permissible or correct.
Statement on the Hadd of Qadhf (Slander)
According to the jurists (may Allah have mercy on them), Qadhf means to accuse someone of Zina or the act of the people of Lut. The literal meaning of Qadhf is: “to throw with force.” Then this word began to be used for the accusation of Zina or the act of the people of Lut. The prohibition of Qadhf is established from the Book of Allah, the Sunnah of the Messenger (peace be upon him), and consensus (ijma). Allah the Exalted says:
﴿وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمـٰنينَ جَلدَةً وَلا تَقبَلوا لَهُم شَهـٰدَةً أَبَدًا وَأُولـٰئِكَ هُمُ الفـٰسِقونَ ﴿٤﴾… سورة النور
"And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient."
(Surah An-Nur 24:4)
This verse mentions the worldly punishment, which is eighty lashes and the rejection of his testimony, as well as his being a transgressor (fasiq), of deficient character, base, and vile, provided he cannot prove his accusation and is a liar. As for the punishment in the Hereafter, Allah the Exalted has mentioned it thus:
﴿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 [falsely] accuse chaste, unaware, and believing women are cursed in this world and the Hereafter; and they will have a great punishment (23) On a 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 in full their deserved recompense, and they will know that it is Allah who is 1the manifest Truth. (25)"
(Surah An-Nur 24:23-25)
The Prophet (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 the seven destructive sins.” They said, “O Messenger of Allah, what are they?” He said, “Associating partners with Allah, magic, killing a soul which Allah has forbidden except for a just cause, consuming usury, consuming the property of an orphan, fleeing from the battlefield, and slandering chaste, unaware, believing women.”
- Sahih al-Bukhari / Al-Wasaya
- Bab Qawl Allah Ta’ala: (إِنَّ الَّذِينَ يَأْكُلُونَ أَمْوَالَ الْيَتَامَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِي بُطُونِهِمْ نَارًا ۖ وَسَيَصْلَوْنَ سَعِيرًا) (An-Nisa 4:10) / Hadith No: 2766
There is a consensus among the people of Islam that Qadhf is forbidden, and they have included it among the major sins.
⓵⇦ Allah the Exalted has prescribed a severe and exemplary punishment for the qadhif (slanderer). Thus, when a sane, adult person, without coercion, accuses a chaste person of Zina or the act of the people of Lut, and he is proven to be a liar, eighty lashes will be administered to his body, because Allah the Exalted says:
﴿ وَالَّذينَ يَرمونَ المُحصَنـٰتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمـٰنينَ جَلدَةً … ﴿٤﴾… سورة النور
"And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes."
(Surah An-Nur 24:4)
It should be clear that whether the accused person is a man or a woman, the crime is the same in both cases. The specification of women in the verse is because the incident for which this verse was revealed was related to accusing a woman, and also because accusing women is a very heinous and abominable act.
⓶⇦ The qadhif—that is, the accuser—is deemed worthy of severe punishment so that the honor of Muslims can be protected from being violated by vile people, and tongues can be kept safe from uttering such foul words that dishonor chaste, innocent people, and also to protect the Islamic society from the spread of the germs of immorality and evil.
⓷⇦ The Hadd of Qadhf will be carried out and implemented on a person who accuses someone who is free, Muslim, sane, chaste, and an adult or near adulthood, and who is capable of intercourse.
Imam Ibn Rushd (may Allah have mercy on him) says: “The scholars agree that when five qualities are present in the accused, the Hadd will be applied to the accuser: adulthood, freedom, chastity, Islam, and being physically capable of intercourse. If even one of these qualities is missing, the Hadd will not be carried out on the qadhif.”
(Hidayat al-Mujtahid 2/783)
⓸⇦ The “Hadd of Qadhf” is the right of the maqdhuf (the one who is accused), and if he forgives, the Hadd of Qadhf will not be implemented. Therefore, the implementation of the “Hadd of Qadhf” will only be upon the demand of the maqdhuf. If the maqdhuf forgives the qadhif, the Hadd will not be carried out, but there will certainly be a ta’zir (discretionary punishment) for him so that he does not commit such a crime again, which is not only forbidden but for which Allah the Exalted has also threatened His curse and a painful punishment.
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says: “The Hadd will be applied to the qadhif only when the maqdhuf demands it.”
(Majmu’ al-Fatawa 34/185)
There is a consensus of scholars on this.
⓹⇦ Whoever accuses an absent person of Zina, the Hadd will be implemented on the qadhif only when the maqdhuf is present and demands the implementation of the Hadd of Qadhf, or it is proven that he demanded the punishment of the qadhif despite his absence.
⓺⇦ There are two types of words for Qadhf:
⑴⇐ Clear words that only indicate Qadhf. In this case, there is no need to seek clarification from the qadhif, such as calling someone: “O fornicator! O one who commits the act of the people of Lut!”
⑵⇐ Allusive words in which there is a possibility of another act besides Qadhf. The clarification given by the qadhif for his words will be accepted, such as calling someone “O prostitute!”, “O immoral woman!”, “O wicked woman!”, etc. The one who uses these words will be asked for clarification. If he says that by “prostitute” he meant a woman who adorns herself for disobedience, by “immoral woman” he meant one who is disobedient to her husband, and by “wicked woman” he meant one with a bad nature, then this clarification of the qadhif will be accepted. The Hadd of Qadhf will not be applied merely for uttering the words, because if there are doubts, the Hadd is not applied.
⓻⇦ If someone accuses a group or the people of a city of Zina, the Hadd of Qadhf will not be carried out on him, but there will be a ta’zir for him because he has certainly told a lie. Similarly, for using such wrong words and filthy insults, he will be subject to ta’zir even if the maqdhuf does not demand it, because this is a sin for which disciplining is necessary.
⓼⇦ Whoever slanders a Prophet with Zina has committed an act of disbelief, because if he was a Muslim, he has become an apostate.
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says: “Qadhf against the wives of the Messenger of Allah (peace be upon him) is in reality Qadhf against the Messenger of Allah (peace be upon him). Such a qadhif is under the ruling of an apostate.”
Further on, the Shaykh says: “If the qadhif retracts and apologizes, and the maqdhuf is not yet aware, the question is whether his retraction will be accepted or not? The answer is that the ruling for different individuals in this matter is different. The majority opinion is that if the maqdhuf becomes aware, the retraction is not valid, otherwise it is valid. However, the qadhif should pray and seek forgiveness for the maqdhuf as much as possible.”
From this discussion, it becomes clear that there are great dangers of the tongue, and the words that come from the tongue are subject to accountability.
The Prophet (peace be upon him) said:
“وَهَلْ يَكُبُّ النَّاسَ فِي النَّارِ عَلَى وُجُوهِهِمْ أَوْ عَلَى مَنَاخِرِهِمْ إِلَّا حَصَائِدُ أَلْسِنَتِهِمْ”
“Will people be thrown into the Hellfire on their faces or on their nostrils for anything other than the harvests of their tongues?”
(Jami` at-Tirmidhi, Al-Iman, Bab Ma Ja’a fi Hurmat al-Salah, Hadith 2616, and Musnad Ahmad 5/231).
Allah the Exalted says:
﴿ما يَلفِظُ مِن قَولٍ إِلّا لَدَيهِ رَقيبٌ عَتيدٌ ﴿١٨﴾… سورة ق
"Man does not utter any word except that with him is an observer prepared [to record]."
(Surah Qaf 50:18)
It is incumbent upon a person to protect his tongue, to speak thoughtfully, and to speak true and firm words.
Allah the Exalted says:
﴿يـٰأَيُّهَا الَّذينَ ءامَنُوا اتَّقُوا اللَّهَ وَقولوا قَولًا سَديدًا ﴿٧٠﴾… سورة الاحزاب
"O you who have believed, fear Allah and speak words of appropriate justice."
(Surah Al-Ahzab 33:70)
وَبِاللّٰہِ التَّوْفِیْقُ
(And with Allah is all success)
ھٰذٙا مٙا عِنْدِی وٙاللہُ تٙعٙالیٰ اٙعْلٙمْ بِالصّٙوٙاب
(This is what I have, and Allah the Exalted knows best what is correct)
وَالسَّــــــــلاَم عَلَيــْـــــــكُم وَرَحْمَــــــــــةُاللهِ وَبَرَكـَـــــــــاتُه
(And peace be upon you and the mercy of Allah and His blessings)
