Be careful, friend, don’t let us accuse Zina
Adultery is one of the major sins that has a limited punishment. The consequences of the punishment are no joke. If the adulterer is married, the punishment is stoning. The severity of the punishment for adultery makes the accusation of this act a serious accusation.
Zina in addition to having an impact on the sin of a servant, also has a social impact. Someone who commits adultery will be considered by the environment as a person to be avoided. Adultery can also cause a series of other social problems. Adultery can destroy a household, the birth of an adulterous child, loss of lineage, and the contamination of the family’s good name.
Therefore, compared to accusations of crimes and other offenses, the charge of adultery is something heavy. A person who accuses another person of adultery must present strong and quite convoluted evidence. At the time of the Prophet Muhammad, there was never a judge who tried the act of adultery. There is only a direct confession from the perpetrator who asked for the punishment of adultery to be imposed on him.
Islam highly values one’s privacy. Disgrace basically has to be guarded against. Not allowed to spread the disgrace of others. Unless it is disclosed in court for the sake of upholding the law. Moreover, adultery tends to be done in secret, so it is very difficult to prove it.
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Just as adultery is a very serious sin, accusing adultery is also a serious act. If it is not proven, the accusation will turn to the accuser. The punishment for accusing indiscriminate adultery is also waiting.
Islam comes by upholding one’s honor. So do not be surprised, accusations of adultery must meet several requirements and quite a lot of levels.
Accusing adultery in the Shari’a language is called qazaf. In a sense, qazaf means throwing accusations of adultery on other people who are good and holy or deny their descendants. Qazaf has the potential to give birth to the law of hadd for the accused if proven or for the accuser if he made it up. If he only accuses someone else of stealing, drinking alcohol, apostasy, including insulting someone who can destroy his honor and then not being proven, he will only be subject to takzir punishment.
Very heavy consequences and steps that must be taken by people who do qazaf. He must meet the conditions accepted by his witness. Then, he must bring four witnesses who have specific prerequisites. If he fails to prove his accusation, the accuser should be given a sentence of 80 lashes. In addition, his future testimony will not be accepted because of the defects he once committed.
Some of the conditions that must be met by people who do qazaf are reasonable, mature, and not forced. This means that accusations of a madman or child are unacceptable. Meanwhile, the accused person must also have several conditions. Among them are Muslims, baligh, intelligent, independent, and keep themselves from adultery.
According to scholars, there are three ways that can be done in qazaf. The first is a clear accusation (sharih), namely stating the accusation in clear words if he accuses someone of committing adultery. He understands the consequences of his accusations.
Second, kinayah or figuratively. The accusation by using words that do not directly mean accusing adultery. However, it can be interpreted if his words are accusations of someone committing adultery. Third with satire (ta’ridh). With very biased words that do not necessarily accuse someone of committing adultery. If the intention is to accuse adultery, the qazaf law can be applied. However, if the intention is not to accuse adultery, the punishment is quite high.
Regarding the four witnesses in the accusation of adultery, the requirements are quite detailed. The witness must meet the criteria, male, mature, reasonable, fair, Muslim. Then all four must see the act of adultery with their own eyes and in the same time and place. Witness testimony must be clear.
One of the lessons behind the necessity of having four witnesses in a case of accusation of adultery is the seriousness of the sin of accusing adultery. As well as, the obligation to perform husnuzan and cover the disgrace of others in the Islamic community system.
Because, if the accusation can really be proven, the threat of punishment is also not kidding, namely the death of the two perpetrators. The punishment is 100 lashes in public and exile for a year if the adulterer has never been married before.
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