Q # 11: What is Qazf?

When it is liable to Hadd and when to tazir

and how it is proved?
1) Introduction
1. Qazf is a criminal violation of rights of others. It is an intentional false
accusation of unlawful
sexual intercourse. The Holy Quran has preserved the reputation of each and every
person
and if accusation proved false, in this case there is a severe punishment for
offender. If a
person has been falsely accused for Zina by other person, he will sue him and will
receive
damages from him through the court of law and such person will be punished under
Hadd
or Tazir offence ordinance. Qazf directly effects the persons� reputation in the
eye of the
society. One saying related to it� When wealth is lost, nothing is lost; when
health is lost,
something is lost; when character is lost, all is lost�
2) Meaning of Qazf
� The literal meaning of qazf is �throwing out�
3) Definition of Qazf
� When someone falsely makes an allegation of zina to other person either by words
or written
with the intention to harm the reputation of such person is called Qazf
4) Essential elements of Qazf
Following are the essential elements of Qazf. Details of these elements are being
given below.
2. There should be an accusation of zina
� In order to establish Qazf, if the accusation of zina by one person against
another
person is proved, slanderer will be liable for punishment against his criminal act.
If an
accusation is not available in this case punishment will not be given
3. An accusation should be false
� In order to establish Qazf, if an accusation of zina is proved false, in this
case slanderer
will be liable for punishment against his criminal act, if the allegation of zina
is proved
to be true and made for public good, in this case punishment will not be given
4. An accusation should be clear by words
� In order to establish Qazf, if an allegation of zina is clear by words either
spoken or
written, in this case slanderer will be liable for punishment against his criminal
act, if
the words are not clear, in this case punishment will not be given
5. And accusation should harm the reputation
� In order to establish Qazf, if the statement of an allegation of zina has been
given in
order to harm the reputation of other person, in this case slanderer will be liable
for
punishment against his criminal act
5) Kinds of Qazf
Following are the two kinds of Qazf
1) Qazf liable to Hadd
2) Qazf liable to Tazir
1. Qazf liable to Hadd
� When an adult intentionally and clearly commits Qazf of Zina against a person who
never having sexual intercourse except his lawfully wedded spouse, such kind of
qazf
is liable to Hadd
? Proof of Qazf liable to Hadd
Following are the proof which is necessary to establish the Hadd punishments
1) When slanderer confesses his guilt before the court of law
2) When the slanderer makes an imputation before the court of law
3) When at least two Muslims give testimony before the court of law after
process of Tazkiya Tu Shahood against slanderer that slanderer is falsely
accusing of zina
? Punishment of Qazf liable to Hadd
Following are the punishments for slanderer who commits Qazf liable to hadd
and his statement proved false
1) If the allegation of zina is proved false by the court of law, the person
who is liable to Qazf will be punished eighty strips against his Qazf
? Conditions in which hadd shall not be imposed
Following are the conditions in which the punishment for Qazf will not be
imposed upon slanderer. Details are as under
1) When slanderer commits qazf against any of his relative
2) When either slanderer or person slandered died during the judicial
proceedings
3) When allegation is proved true
4) When person slandered withdraws the case
5) When number of witnesses are less than two
? Who can file case against Qazf
No proceedings under this Ordinance shall be initiated unless the report is
lodged before the court
1) If the person slandered is alive, he himself or other person on behalf of him
can file the case against slanderer in the court for punishment
2) If the person slandered is dead, in this case any of the ascendants or
descendants of deceased person can file the case against slanderer in the
court for punishment
2. Qazf liable to Tazir
� Qazf of liable to tazir is established when it is not liable to hadd, and there
is no
evidence or testimony is available against his false accusation fo zina against a
person,
in this case the punishment of Tazir will be imposed upon him
? Punishment of Qazf liable to Tazir
Following are the punishments for slanderer who commits Qazf liable to Tazir
1) Imprisonment with the term of two years, imprisonment can be
rigorous or simple
2) Will be punished 40 strips
3) Fine
6) Objectives of Punishment
Following are the objectives of the punishment
1) The major objective of the punishment is the protection of the life from
offender
2) Second objective of the punishment is the protection of the property of the
people
3) Another objective of the punishment is the protection of the state and country
4) Theory of punishment aim is the maintenance of the peace and equality
5) Protection of the culture and morality
6) Most important objective is protection of rights and liberties of the people
7) The biggest aim of punishment is to disgrace the crimes and criminal activities
8) To prevent the other members of the community from repeating of crimes
7) Conclusion
� Qazf is a false allegation of Zina against a person who never having sexual
intercourse except his
lawfully wedded spouse, after proving the statement false, according to Islamic
injunctions,
slanderer will be punished under an ordinance of Hudood case 1979. Qazf basically
is attack on
reputation of person and such attach decreases the person�s reputation in the eye
of society, it
is severe criminal act against which different injunction have been given in Quran
and Sunnah
for the protection of innocent people from such slanderers