Organs of the Inhabitant of Hell

Imam Muhammad al-Baqir (a.s.) has said,
"The organs and the parts of the body of a true believer shall not testify against him. But they will testify against the one who, after all, has to burn in Hell."
(Al Kafi)

The person who accuses anyone falsely of adultery and sodomy belongs to this category. Because his punishment is Hell-fire, his organs, according to the Holy Quran shall testify against him.

Penalty for Qazaf - Rejection of Testimony and its Invalidation

It is also mentioned in Surah Nur:
"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 Nur 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-e-Quran)

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 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 be upon him. His wife is also given a similar right that she can say four times, calling Allah 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 may be upon her. She can escape punishment in this way. This law is derived from the sixth and the seventh ayat of Surah Nur.

Whether it is true or false it must be known that it is Haraam 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.

Those Who Commits Qazaf are not Believers

Hazrat Imam Muhammad al-Baqir (a.s.) has informed;
"One who commits qazaf is removed from the ranks of the believers of Allah and considered as a transgressor. Transgressor is also the opposite of believer as Allah himself says, 
'Is he then who is the believer like him who is the transgressor?'" 
(Surah Sajdah 32:18)

The Holy Prophet (s.a.w.s.) has been reported to have said,
"The person who accuses falsely a chaste man or a chaste woman of indecency, Allah invalidates all his good deeds (and does not give him any reward) and on the Day of Judgement seventy thousand angels lash him from the front and behind and continue to do so till the order is passed for him to be put in Hell."

Penalty for Qazaf

"And those who accuse free women then do not bring four witnesses, flog them, (giving) eighty lashes, and do not admit evidence from them ever." 
(Surah Nur 24:4)

The above verse, numerous traditions and the rules promulgated by the Mujtahids indicate that every one of the false accusers of sodomy and fornication must be lashed eighty times (provided four just witnesses are not available simultaneously). However, the following conditions should be noted.

1) The sinner must be major and sane. A minor child or an insane person cannot be punished for false accusations. Also, the major and the sane person should have made the allegation after careful consideration and not under compulsion. No penalty can be imposed on an accuser if he has made a genuine blunder or if he has made the accusation in jest.

2) One who has been accused of adultery or sodomy must possess five characteristics. First of all, he must be a major. Secondly, he must be sane and not a madman. Thirdly, he must be free and not a slave. Fourthly, he must be a Muslim and not a Kafir. Lastly, he must apparently be chaste. A person who strongly objects to being blamed of adultery and fornication or is shocked and dismayed by such an accusation is taken to be a chaste person. So if the accused does not fulfill the above conditions or is notorious for being corrupt and indecent, the accuser is not penalised for qazaf.

3) The accusation should clearly mention adultery or sodomy. If an accuser is vague in his allegations and merely hints at adultery or sodomy or addresses the accused as 'adulterer' or 'sodomist', then he can be exempted from punishment. But in this case, the accused has a right to demand action against the accuser.

Sometimes, the allegation is against someone other than the one who is addressed. For example, One says, "Your father was an adulterer! Your father was a sodomist!" In such a situation, it is the right of the father, of the one who is addressed to insist upon the penalty. The son is not directly accused but insulted in the process. Consequently, he cannot demand the sentence of qazaf against the accuser but must insist upon a lighter penalty like reprimanding or beating so that the sin is not repeated.

In the same way, if someone says "bastard" or "adulterously born!' etc., the right of having the punishment decreed rests upon the one who is actually accused. The person who is addressed can only claim a reduced penalty.

Expiation of the Sin on the Day of Judgement

A woman presented herself before the Holy Prophet (s.a.w.s.) and said, "O, Messenger of Allah, I called my maid adulteress."

The Prophet (s.a.) said, 
"Have you ever seen her committing adultery?" 
"No," she replied.

The Holy Prophet (s.a.w.s.) told her, 
"Know that ! On the day of Qiyamat, some of your good deeds will be transferred to this maid and it would be the expiation.

This woman returned and handed a whip to her maid and said, "lash me" but the maid refused, so she freed her. Again, she returned to the Prophet (s.a.w.s.) and related the incident. The Holy Prophet (s.a.w.s.) remarked, 
"May be this action of yours will act as the expiation of your utterance and you may not suffer it's consequences in the hereafter." 
(Wasaelush Shia)

Repenting for Qazaf

One who accuses a Muslim of adultery or sodomy should know that qazaf or false accusation is a sin that trespasses upon the right of man as well as the right of Allah. As far as the human rights are concerned, the one who is falsely accused can take the accuser to the Qazi. If qazaf is proved by the confession of the accuser or by the testimony of two just witnesses who testify having heard the accuser making the false allegation, the legal sentence is executed. It is wajib for the person who has committed qazaf to submit himself to the accused for trial. However, he can request the one he has falsely accused to forgive him and must try his best to do so. If he is condoned, he escapes punishment. But if he is not forgiven and nor is the sentence carried out, and the falsely accused dies, the right of having the penalty executed is transferred to the legal heirs of the falsely accused. Now it is wajib upon the one guilty of qazaf either to surrender himself to the heirs so that he may be taken to a Qazi or he could ask for their forgiveness. If the heirs of the deceased forgive, he is saved from punishment.

Samaa says that I asked Imam Ja'far as-Sadiq (a.s.) regarding the person who commits qazaf but is forgiven by the one whom he accused falsely. "If later, this person regrets having forgiven and wishes that the accuser be punished, can the punishment for qazaf be executed now?"

Imam (a.s.) replied; 
"No penalty can be imposed upon him after being respited."

Samaa says that I further enquired,
"What if the man says, "O son of a fornicatress." And the one who is falsely accused condones him but leaves the matter to Allah?" Imam (a.s.) replied; 
"If his mother is alive, the son does not have the right of forgiving the accuser. His mother has the right to forgive. She can exercise her right whenever she wants. If his mother has died, only then does he have the right to forgive." 
(Wasaelush Shia)

It is wajib upon the accuser, that after he has received the penalty or after he has been condoned by the one whom he falsely accused that he must publicly announce that whatever he has uttered is absolutely false. For example, he should say, "I had accused this person of fornication. It was a false accusation." His announcement should be to the extent that those who have heard the false accusation must hear his confession too.

In an authentic report Ibne Sinan asked Imam Ja'far as-Sadiq (a.s.), "If a person makes a false allegation and undergoes the Islamic punishment and also repents. Can his evidence be accepted in future?" Imam replied, 
"If he repents and his repentance consist of taking back the words he has uttered and confesses before the Imam (a.s.) and the Muslims to have uttered a lie... Then it is incumbent upon the Imam to accept his evidence and consider him just."

The book Al Kafi and Al-Tahzeeb contain other reports concerning the same issue. If the accuser has made a false accusation, it is obvious that to falsify his accusation is a must. But there may be a situation where the accuser has really witnessed the act of adultery and sodomy but the crime is not proved due to lack of four witnesses and as a result he becomes liable for penalty. In this case too, he has to falsify his statement.

Since adultery or sodomy could not be established according to the stipulation laid down by Islam, from the point of view of Shariat, his accusation is false. So although he had witnessed the crime, it is appropriate on his part to falsify his statement. This he should do with the clear intention that he is submitting to the laws of Islam.

This is in consonance with the following verse:
"Why did they not bring the four witnesses of it? But as they have not brought they are liars before Allah." 
(Surah Nur 24:13)

The Shaykh writes in the book 'Nihaya' that a person who is guilty of qazaf should repent by publicly announcing that the accusation he had made is untrue, and that he had uttered a lie. He should do this at the same place where he had made the accusation. In this way all those who had heard a Muslim being denounced will now be aware of its falsehood and there will be no misunderstanding in their minds about his good character.

A person guilty of qazaf transgresses Allah's right by disobeying a Divine command. Allah has strictly prohibited qazaf and a person guilty of it is deserving of the punishment of the hereafter. But if the offender repents sincerely and reforms himself, Allah is most Forgiving and most Merciful.