Hudud Crimes (3)- Qazf

False Accusation of adultery

Definition: When a person of committing zina or accused another and deny or refuse the legitimacy of the
child.
It is available between wife and husband where husband refuse the child carried by the wife.
Qazf:
Without providing four witnesses.
Requires 4 credible eye witnesses, if zina can be proven by 4 eye witnesses, the punishment will be
carried out to the adulterers. A person make accusation of another person and without bringing any proof
(without bringing 4 credible witnesses)
Purpose: Person making accusation, it is a slander and making defamation. Ban of such act (Qazf) is in
order to stop and prevent defamation and slander within the society.
Elements of crime needed to be fulfilled
1.) Qazf (Accuser)
o The person of accusing, he or she must be an adult, if minor committed such act, he or
she could be liable for takzir but not hudud punishment.
o The person also must be of sound mind (common sense) and not an insane person, takzir
punishment will be carried out to him.
o The accuser should also committed slander out of his own free will or choice.
o The person should not be the father or grandfather of the accused.
o The accused must be a muslim.
o The accused must be known and identifiable
2.) Actus Reus
o When such act to be done, the act of accusing of zina has to be done in the court of law,
such act must be done unambiguous and in a clear term. (Expression of words Qazf must
be direct, express and explicit)
o Pronounciation of the word must be done in the court of law. Any vague utterance will
not be considered and acceptable as a clear or direct
o The actus reus must be uttered with words, being held in the court, the accuser in the
couer