Zina in Islam: FAQs on Slander, Repentance & Rulings New

Clarifying Misconceptions: Advanced Rulings on Zina and Slander

The Sin and Punishment of Qadhf (Slander of Zina) – Shaykh Muhammad ibn Saalih al-Uthaymeen

Shaykh Muhammad ibn Abd al-Wahhab (may Allah have mercy on him), in Kitab al-Tawhid, under the chapter related to magic, cited the hadith that mentions seven major destructive sins. Among them is accusing chaste, unsuspecting, believing women of Zina (fornication/adultery). The Prophet ﷺ said:

’’ اجْتَنِبُوا السَّبْعَ الْمُوبِقَاتِ۔۔۔ وَقَذْفُ الْمُحْصَنَاتِ الْغَافِلَاتِ الْمُؤْمِنَاتِ“

(Narrated by al-Bukhari in al-Wasaya, 5/393 – Fath, and Muslim in al-Iman, 1/92.)

“(Avoid the seven destructive sins… (and the seventh he mentioned was) accusing chaste, unsuspecting, believing women of Zina).”

The meaning of “al-Qadhf” is “al-Ramy” (to throw), and here it refers to leveling the accusation of Zina.

“Al-Muhsanat” here means “al-Hara’ir” (free women), although it also refers to women who are chaste from Zina.

“Al-Ghafilat” means those women who are so pure from Zina and stay so far away from it that the thought of such an act does not even cross their minds.

And he said “al-Mu’minat” to distinguish them from disbelieving women.

Therefore, whoever accuses a woman with these qualities of Zina has committed one of the destructive sins.

Along with this, he will be subjected to the prescribed punishment of eighty (80) lashes, his testimony will not be accepted in the future, and he will be considered a fasiq (transgressor). Thus, Allah Almighty mentioned these three consequences for him:

﴿وَالَّذِيْنَ يَرْمُوْنَ الْمُحْصَنٰتِ ثُمَّ لَمْ يَاْتُوْا بِاَرْبَعَةِ شُهَدَاۗءَ فَاجْلِدُوْهُمْ ثَمٰنِيْنَ جَلْدَةً وَّلَا تَــقْبَلُوْا لَهُمْ شَهَادَةً اَبَدًا ۚ وَاُولٰۗىِٕكَ هُمُ الْفٰسِقُوْنَ﴾ (النور: 4)

"(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: 4)

Then He said:

﴿اِلَّا الَّذِيْنَ تَابُوْا مِنْۢ بَعْدِ ذٰلِكَ وَاَصْلَحُوْا ۚ فَاِنَّ اللّٰهَ غَفُوْرٌ رَّحِيْمٌ﴾ (النور: 5)

"(Except for those who repent after that and correct themselves, for indeed, Allah is Forgiving and Merciful.)" (Surah An-Nur: 5)

There is a consensus that this exception does not apply to the first part of the sentence, and there is also a consensus that it does apply to the last part of the sentence.

However, scholars differ regarding the second sentence, which is the statement of Allah:

﴿وَلَا تَــقْبَلُوْا لَهُمْ شَهَادَةً اَبَدًا﴾ (النور: 4)

"(and do not accept from them testimony ever after.)"

It is said that the attribute of their testimony being accepted will be returned to them. And it is also said that it will not.

Based on this, the question arises: If a person who slanders someone with Zina repents, will his testimony be accepted afterward or not?

Answer: The scholars differ on this matter:

Some of them say: His testimony will never be accepted, even if he repents. They support their view by stating that Allah Almighty has used the word “forever” (i.e., never), saying:

﴿وَلَا تَــقْبَلُوْا لَهُمْ شَهَادَةً اَبَدًا﴾ (النور: 4)

"(and do not accept from them testimony ever after.)"

The benefit of this “forever” is that this ruling will absolutely not be lifted from him.

While others say: Rather, his testimony will be accepted. This is because the acceptance or rejection of testimony was due to his transgression (fisq). So when the very thing that was preventing the acceptance of his testimony is removed, the resulting ruling will also be removed.

In any case, in such matters, we should say that this issue returns to the discretion and opinion of the judge. If he sees a benefit in not accepting his testimony to deter people from playing with the honor of Muslims, he should certainly do so. Otherwise, the basic principle is that when the attribute of fisq is removed, it becomes obligatory to accept his testimony.

Question: Is accusing chaste, unsuspecting, believing men of Zina also a major sin, just like accusing chaste women?

Answer: The view held by the majority of scholars is that, without a doubt, accusing a man of Zina is the same as accusing a woman of Zina. Women were mentioned specifically only because they are more often the subject of slander. This is because before Islam, professional promiscuous women were very common. Also, the accusation of Zina against a woman is more serious because it casts doubt on the lineage of the children from her husband. Therefore, being accused of Zina harms them much more. So, their specific mention is likely a case of mentioning the more common scenario, and a condition based on a common scenario does not have a restrictive legal implication, as it is merely a statement of the reality.

Shaykh Muhammad ibn Saalih al-Uthaymeen

His Eminence Shaykh Muhammad ibn Saalih al-Uthaymeen (may Allah have mercy on him), passed away in the year 1421 AH

(Former senior member of the Council of Senior Scholars, Saudi Arabia)

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Even Monkeys are Pained by the Repulsiveness and Abomination of Zina

Even monkeys feel pain from the repulsiveness and abomination of this crime, to the extent that they carried out the punishment of stoning on a female monkey who had committed Zina, as narrated in Sahih al-Bukhari:

Amr ibn Maymun (may Allah be pleased with him) said:

“In the pre-Islamic era (Jahiliyyah), I saw monkeys gathering against a female monkey who had committed adultery, and they were stoning her, and I stoned her along with them.” (Sahih al-Bukhari, Al-Manaqib, Hadith No. 5360).

So how can a Muslim, who is accountable and will be questioned, be content with descending to the level of animals and livestock, even after Allah Almighty has honored him with Islam?

When lust arises and is aroused in animals, they fulfill it in any way they want. Should he, like them, fulfill his lust in any way he desires?

This is a crime whose punishment is not only severe in this world but will be even more severe in the Hereafter, as mentioned in the hadiths.

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Is it a Condition that the One Stoning the Fornicator Be Pure Himself?

In implementing the laws of the Shariah, Muslims should cooperate with their governments. A person who participates in the stoning of a married fornicator will be rewarded, and if a Shariah ruling for stoning is issued, no one should feel any hesitation in it. The Prophet ﷺ ordered the Companions (may Allah be pleased with them) to stone Ma’iz al-Aslami, two Jews, and the Ghamidiyyah woman, and the Companions immediately acted upon the prophetic command. May Allah Almighty grant Muslims the ability to follow in the footsteps of the Companions (may Allah be pleased with them) in all matters, including the prescribed punishments and other affairs. It is not a condition for the one participating in the stoning to be sinless or pure from sins himself, because the Messenger of Allah ﷺ did not impose this condition, nor is it permissible for anyone to impose a condition for which there is no evidence in the Book of Allah Almighty or the Sunnah of the Messenger of Allah ﷺ.

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Is the Prescribed Punishment Waived if the Fornicator Marries the Fornicatress?

The marriage of the fornicator (zani) to the fornicatress (zaniyah) will not be considered an expiation. The expiation for Zina is one of two things: either the prescribed punishment (Hadd) is carried out on him if the matter reaches the ruler of the time, or he repents to Allah Almighty for this crime, corrects his actions, and stays away from places of temptation and immorality. As for marriage, the marriage of this fornicating man and woman to each other is forbidden (haram), because Allah Almighty says: ﴿الزّانی لا يَنکِحُ إِلّا زانِيَةً أَو مُشرِ‌کَةً وَالزّانِيَةُ لا يَنكِحُها إِلّا زانٍ أَو مُشرِ‌کٌ ۚ وَحُرِّ‌مَ ذ‌ٰلِکَ عَلَی المُؤمِنینَ ﴿٣﴾… سورة النور “The fornicator does not marry except a fornicatress or a polytheist, and a fornicatress is not married except by a fornicator or a polytheist. And that has been made unlawful to the believers.” However, if both of them make sincere repentance to Allah Almighty, express remorse for what happened, and do good deeds, then there is no harm in them marrying each other. Just as it would be permissible for another man to marry that woman, it would also be permissible for him in that case. The child born as a result of Zina will be attributed to its mother. It is not attributed to its father because this is the requirement of the general meaning of the following saying of the Prophet ﷺ:

«الولد للفراش وللعاہر الحجر»

(Sahih al-Bukhari) “The child is for the owner of the bed, and for the adulterer is the stone.”

‘Aahir’ means the adulterer. The meaning of the hadith is that the child will not be his, even if he marries the woman after repenting. This is because the child created from the fluid of Zina before marriage will not be his, nor will he be his heir, even if he claims that he is his son, because he is not his legitimate (shar’i) son. Haza ma ‘indi, wallahu a’lam bis-sawab (This is what I have, and Allah knows best what is correct).

(See: Fatawa Islamiyah / Volume: 3 / Page: 404)

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The Prescribed Punishment Will Be Implemented on an Intoxicated Fornicator

A person committed fornication with his wife’s sister while intoxicated. The punishment for this person who committed fornication with his sister-in-law while intoxicated is that the same prescribed punishment will be implemented on him as is for a sound and healthy fornicator. This is the well-known view in the school of Imam Ahmad (may Allah have mercy on him). If this person committed fornication with this woman while he himself was married, and both were adult, sane, and free, then it is obligatory that he be stoned to death, because this is the punishment for a married fornicator. This is mentioned in the story of the laborer in the narration of Abu Hurayrah and Zayd ibn Khalid al-Juhani in the Sahihayn, who committed Zina with the wife of the person who had hired him. The Prophet ﷺ ordered that the woman also be stoned. Also in the Sahihayn, it is narrated from ‘Umar ibn al-Khattab that he said in a sermon:

«وَالرَّجْمُ فِی کِتَابِ اللَّہِ حَقٌّ عَلَی مَنْ زَنَی إِذَا أُحْصِنَ مِنَ الرِّجَالِ وَالنِّسَاءِ، إِذَا قَامَتِ البَیِّنَةُ، أَوْ کَانَ الحَبَلُ أَوِ الِاعْتِرَافُ »

(Sahih al-Bukhari)

“Stoning is a right in the Book of Allah for men and women who commit Zina while being married, provided that the crime of Zina is proven by evidence, pregnancy, or confession.”

The right of the girl with whom fornication was committed will be given to her according to the discretion of the Shariah judge. This person who married this girl and then told her about the incident after three months, and he knows that this woman is innocent; if he sees goodness and steadfastness in his wife, he should keep her with him. The fornication that was forced upon her will not be detrimental to her, as it was done without her consent.

(See: Fatawa Islamiyah / Volume: 3 / Page: 407)

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Is the Prayer of a Fornicator Invalidated?

Is the prayer of a fornicator invalidated? Note that I cannot get married due to my financial situation.

Answer with the help of the Bestower, on the condition of the question’s validity:

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 Almighty says:

﴿وَلا تَقرَ‌بُوا الزِّنیٰ ۖ إِنَّہُ کانَ فـٰحِشَةً وَساءَ سَبیلًا ﴿٣٢﴾… سورة الاسراء

"And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way." (Surah Al-Isra: 32)

There is a consensus of the entire Ummah that Zina is among the immoralities and major sins, which is not permissible under any circumstances. Allah Almighty, while praising the successful believers, said:

﴿وَالَّذینَ ہُم لِفُر‌وجِہِم حـٰفِظونَ ﴿٥﴾… سورة المؤمنون

"And they who guard their private parts." (Surah Al-Mu'minun: 5)

It is obligatory for every Muslim to protect his private parts from forbidden acts. In fact, it is also obligatory for him to lower his gaze and to avoid the causes and means of immorality, such as watching vile and obscene films. He should also strive to attain chastity and purity through lawful marriage, because marriage helps in lowering the gaze and protecting the private parts. And whoever does not have the ability to marry should fast, because fasting suppresses sexual desire, as mentioned in the hadith. If someone goes astray and commits Zina, he should immediately repent and express remorse. However, it should be noted that Zina does not invalidate prayer and other righteous deeds.

(Fatawa Islamiyah / Volume: 3 / Page: 408)

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Can a Fornicator Repent Without Receiving the Shariah Punishment?

It should be clear that there are two types of sins: minor (sagha’ir) and major (kaba’ir). Regarding minor sins, the Almighty says: “If you avoid the major sins which you are forbidden, We will remove from you your lesser sins.” (4/An-Nisa: 31). The meaning of this noble verse is that by avoiding major sins, minor sins are automatically forgiven. It is mentioned in the hadiths that performing ablution and praying also atone for such sins. However, the matter of major sins is somewhat different. Some of them are related to the rights of Allah; such sins are forgiven with sincere repentance. And some major sins are such that a prescribed punishment (Hadd) is implemented for their commission. These are then of two types: the first is that they are also related to the rights of the servants (of Allah), such as theft. In such a case, along with the Hadd, the stolen property must also be returned. The second type is that they are not related to the rights of the servants, such as drinking alcohol. For the commission of such sins, the implementation of the Hadd is necessary. And this Hadd itself becomes the expiation for that sin. If the opportunity for the implementation of the Hadd is not given, then the matter is entrusted to Allah. The Messenger of Allah ﷺ said, “Whoever commits a sin for which a Hadd is necessary, and the Hadd is implemented on him, then that is the expiation for his sin. Otherwise, the matter is with Allah.” (Ibn Majah, Kitab al-Hudud, 2603). Since the punishments in our country are not based on Shariah and are not a substitute for the Hadd, one should continue to repent even after receiving the prevailing punishment, so that one may be safe from accountability in the sight of Allah Almighty. In the case in question, the fornicator must receive the punishment. If he suffices with only repentance, then the matter is entrusted to Allah; if He wills, He may forgive, and if He wills, He may hold him accountable.

(Fatawa Ashab al-Hadith / Volume: 2 / Page: 410)

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)