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 Chapter02-Penalty for Qadhf (Accusing a Person of Adultery without Proof)

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PostSubject: Chapter02-Penalty for Qadhf (Accusing a Person of Adultery without Proof)   Sun Jun 16, 2013 3:01 pm

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Chapter 2

Penalty for Qadhf (Accusing a Person of Adultery without Proof)


1262. 'A'ishah  radiyallah anha   narrated, 'When my vindication was revealed, (361) the  Prophet Sallalahu aleihi wa  mounted the pulpit and mentioned what happened and recited the verses of the Qur'an (which had been revealed),When he came down from the pulpit he ordered that two men and a woman (362) should be given the prescribed flogging (for this false accusation of _A'ishah radiyallah anha which is eighty lashes). Related by Ahmad and the four Imams. Al-Bukhari referred to it.

361. Surah an-Nur (24:11).

362.The two men are Mistah bin Athathah and Hassan bin Thabit and the woman is Hamnah bint Jahsh.







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1263.  Anas bin Malik radiyallahu anhu  narrated, ''The first Li’an that took place in Islam was when Hilal bin Umaiyah accused his wife of having committed adultery with Shuraik bin Sahma’ Thereupon the Messenger of Allah Sallalahu aleihi wa  said to him, "Either you produce evidence (for your claim) or you will receive punishment on your back (i.e. flogged for your accusation if it is false."(refer to hadith no.1138 Chapter 11 Book of Marriage). Related by Abu Yala with a trustworthy chain of narrators.






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1264. Al-Bukhari related a similar Hadith on the authority of Ibn 'Abbas radiyallahu anhu 





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1265. 'Abdullah bin 'Amir bin Rabiah narrated, 'I witnessed the time of Abu Bakr, 'Umar and 'Uthman (Radhi Allahu Anhum) and those who came after them. I never saw them flogging a slave for Qadhf (false accusation of adultery) except forty lashes. (363) Related by Malik and Ath-Thawri in his book al-Jami’.

363. This is evidence that the punishment of a male or a female slave for this crime is half of that prescribed for a free person, which would be 80 lashes.





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1266. Abu Hurairah radiyallahu anhu  narrated that the Messenger of Allah Sallalahu aleihi wa  said. "He who accuses his slave of committing adultery (without proof) will be punished with the prescribed penalty on the Day of Resurrection unless it is (true) as he said." Agreed upon.
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