If he publicises it, he will be committing the crime of spreading the filth everywhere; and if he brings the matter to the notice of the officials without satisfactory evidence, they will not be able to deal with it effectively | |
---|---|
This clearly shows that the real intention of Hadrat 'Umar was to impress on the accusers that they should confess that they had given way to undue suspicion and that they should repent of accusing people on the basis of such suspicions in future, otherwise their evidence would never be accepted | The Qur'an itself has considered the state of slavery as excluded from the state of ihsan moral fortification |
The fact is that both these arguments are weak | |
---|---|
It is, however, strange that Imam Shafi'i excludes the husband and the wife from this right on the ground that their marriage bond breaks with death, and the accusation against one spouse dces not affect the lineage of the other | Similarly the tit match for adulterous women who have not repented can only be adulterous or idolatrous men; they are not fit for any righteous Believer |
In case the accused is not "morally fortified", the law cannot be applied.
Moreover, the words in the Text themselves indicate that except those who repent | English - Sahih International : The fornicator does not marry except a [female] fornicator or polytheist and none marries her except a fornicator or a polytheist and that has been made unlawful to the believers• if a person who is not "morally fortified" is known for his immorality, there will be no question of the "accusation", but if he is not, the judge can use his discretion to award a punishment to the accuser, or the consultative council can make necessary laws to deal with such cases |
---|---|
c He should be a Muslim, i | Kaum Muhajirin yang miskin menyangka kekayaan yang dimilikinya itu akan dapat menanggung nafkah mereka |
However, if the qazif produces witnesses who are unbelieving, or blind, or slave, or those already convicted of qazf, he will not escape the punishment.