1

INTERNATIONAL ISLAMIC UNIVERSITY

ISLAMABAD
DEPARTMENT OF LLB 5 ( YEARS)

QURAN AND HADITH STUDIES

ASSIGNMENT:ACCUSATION
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SUBMITTED TO: DR SALMA BEGUM

DATED: DECEMBER 16TH, 2024

GROUP MEMBERS:

SWAIBA NOOR 545-FSL/LLB5Y/S22

AYESHA ANJUM 492-FSL/LLB5Y/S22
ZUFSHAN MALIK 527-FSL/LLB5Y/S22
MARYAM AMIR 491-FSL/LLB5Y/S22
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ALISHA NADEEM 495-FSL/LLB5Y/S22

IZZA IJAZ 486-FSL/LLB5Y/S22
MUSFIRAH AHSAN 488-FSL/LLB5Y/S22
RUKHSAR MALIK 493-FSL/LLB5Y/S22

1) AL-QAZF (ACCUSATION)

LITERAL MEANING:
The term Qazf (‫ )قذف‬in Arabic literally means “to throw” or “to hurl.”
In Islamic legal terminology, qazf refers to the act of accusing someone of illicit
sexual relations (zina) without providing the required evidence.
TECHNICAL MEANING:
Technically, Qazf specifically denotes the false accusation of fornication or
adultery against a chaste person without substantiating it with four eyewitnesses.
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2) THE PRESCRIBED PUNISHMENT FOR FALSE

ACCUSATION OF FORNICATION

HADITH # 1049
‫”لما نزلت براءتي صعد رسول هللا ﷺ‬:‫عن عائشة رضي هللا عنها قالت‬
‫ ثم لما نزل أمر أن‬.(‫ ثم قرأ آيات القرآن )المتعلقة بذلك‬،‫ وذكر ذلك‬،‫المنبر‬
(“ ‫يُجلد رجالن وامرأة الحد )أي الجلد‬
.] ‫ وأشار إليه البخاري‬،‫[ رواه أحمد واألربعة‬

STATUS OF HADITH
(Agreed upon)

TRANSLATION
Narrated Hazrat Aisha: “When my vindication came down.Allah’s Messenger
(P.B.U.H) mounted the minbar and mentioned that, then he recited the (respective
verses) of the Qurran. Then, when he came down, he ordered that two men and a
woman should be given the prescribed punishment (i.e. Lashes)”.[Ahmad and
Al-Arba’a reported it, and Al-Bukhari referred to it].

DIFFICULT WORDS
1. ‫ براءتي‬My vindication/innocence.

2. ‫المنبر‬The pulpit in a mosque where sermons are delivered.

3. ‫ المتعلقة‬Related/connected (to the matter).

4. ‫ الحد‬The prescribed punishment in Islamic law.

EXPLANATION
This Hadith discusses the ruling regarding the punishment for false
accusations of immorality (i.e. slander). If someone accuses another of
adultery or fornication without presenting four witnesses, the accuser will be
subject to the legal punishment for slander,
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EVIDENCE
As mentioned in the Qur’an

SURAH AN-NUR VERSE 4;

‫شهَـدَة‬ ۟ ‫ُوا بِأ َ ْربَعَ ِة شُ َه َدآ َء فَٱجْ ِلدُوهُ ْم ثَ َمـنِينَ َج ْلد ًَۭة َو َل تَ ْقبَ ُل‬
َ ‫وا لَ ُه ْم‬ ۟ ‫ت ث ُ َّم لَ ْم يَأْت‬ َ ْ‫ٰ َوٱلَّذِينَ يَ ْر ُمونَ ٱ ْل ُمح‬
ِ ‫صنَـ‬
٤ َ‫سقُون‬ِ ‫أَبَ ًۭدا ۚ َوأ ُ ۟ولَـٓئِكَ هُ ُم ٱ ْلفَـ‬
“Those who accuse chaste women of adultery and fail to produce four
witnesses, give them eighty lashes each.And do not ever accept any
testimony from them—for they are indeed the rebellious”.

This punishment includes flogging (eighty lashes) as a deterrent against making

false accusations. It is emphasized that such accusations without evidence create
severe harm in society and must be strictly dealt with.

The rulings in this chapter are applicable to both men and women equally. It
also highlights the importance of maintaining societal harmony by protecting
individuals from false accusations.

(VERSE 23 OF SURAH AL NUR) ;

ٌ َ‫عذ‬
٢٣‫اب عَظِ يم‬ ۟ ُ‫ت لُ ِعن‬
َ ‫وا فِى ٱل ُّد ْنيَا َوٱ ْلـَٔاخِ َر ِة َولَ ُه ْم‬ ِ ‫ت ٱ ْل ُمؤْ مِ نَـ‬
ِ ‫ت ٱ ْلغَـ ِفلَـ‬ َ ْ‫إِنَّ ٱلَّذِينَ يَ ْر ُمونَ ٱ ْل ُمح‬
ِ ‫صنَـ‬
“Surely those who accuse chaste, unsuspecting, believing women are cursed
in this life and the Hereafter. And they will suffer a tremendous punishment”.

HADITH
“The Prophet Muhammad (‫ (ﷺ‬said in another Hadith: ‘Avoid the seven
destructive sins,’ and among them is ‘to slander chaste, unaware, and believing
women.”

OPINION OF JURISTS
There is a consensus of all jurists on this matter.

LEGAL RULE
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Following are the legal rules derived from the hadith:

THE PROTECTION OF HONOR AS A FUNDAMENTAL RIGHT:

Allah has emphasized the protection of an individual’s honor and dignity,
making slander (false accusation) a grave offense in Islam. Accusing someone
of immorality without valid proof is among the major sins.

PUNISHMENT FOR FALSE ACCUSATION WITHOUT FOUR

WITNESSES:
If someone accuses another of adultery or fornication without providing four
credible witnesses, they are subject to the hadd punishment of 80 lashes as
prescribed in the Qur’an and Hadith.

EQUALITY IN LEGAL ACCOUNTABILITY:

The legal rules of Qadhf apply equally to men and women. Any individual
who makes a false accusation, regardless of their gender, is liable for the
prescribed punishment.

CRITERIA FOR EVIDENCE:

The accuser must present four witnesses who have witnessed the alleged act
of immorality. If the required number of witnesses is not met, the accusation
is invalid.

PROTECTION OF WOMEN’S HONOR:

The hadith highlights Islam’s commitment to protecting women’s dignity and
reputation. It is particularly significant that the slander against Aisha (RA) was
met with divine intervention and the prescribed legal consequences for the
perpetrators.
The Prophet (peace be upon him) said,i.e. making a false accusation against
any chaste woman destroys the virtuous deeds of 100 years. (Al-Mujam-ul-
Kabeer).

CONSEQUENCES FOR FALSE ACCUSERS:

Those proven guilty of false accusations are also disqualified from bearing
witness in the future, as they lose credibility in society (Qur’an, Surah An-Nur,
24:4).
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VINDICATION OF THE INNOCENT:

The Hadith highlights Allah’s intervention in preserving the dignity of the
innocent, as seen in the case of Hazrat Aisha (RA). This reinforces the
principle that accusations without evidence cannot harm the reputation of the
falsely accused.

(2) HADITH # 1050:

‫س َال ِم أَن ش َِريكَ بن‬ ْ ‫اْل‬ِ ْ ‫ أ َ َّو ُل ِل َعانَ كَانَ فِي‬: ‫ع ْن ُه قَا َل‬
َ ُ‫هللا‬ ‫َو ع َْن أ َ َن ِس ب ِْن َمالِكٍ َر ِض َي‬
َ ‫ ))ا ْلبَيِِّنَةَ َوإِ ََّّل فَ َح ٌد فِي‬:‫ فَقَا َل لَهُ النبي‬،‫بِا ْل ُم َرانِ ِه‬
( َ‫ظه ِْرك‬ َ‫سَحْ َما َء قَذَفَهُ َه َال ُل بن أ ُ َميَّة‬
ٌ‫ِيث – أ َ ْخ َر َجهُ أَبَ َع َولَهُ ثِقَات‬
َ ‫ال َحد‬

TRANSLATION:

It was narrated from Anas bin Malik that the first incident of blasphemy in Islam
was when Hilal bin Umayyah accused Sharik bin Sama of committing adultery
with his wife. The Prophet (peace and blessings of Allah be upon him) said to
him: "Produce proof, otherwise you will be punished”.

STATUS OF HADITH:
It is an authentic hadith

EXPLANATION:

In this particular case, Hilal bin Umayyah accused Sharik bin Sama of
committing adultery with his wife. The Prophet Muhammad (PBUH)
responded to Hilal's accusation by stating that he must provide evidence for
his claim, or else he would face punishment. The law of Islam is strict on false
accusations of adultery, and Hilal could not provide any witnesses to
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substantiate his claim. Therefore, the Prophet (PBUH) informed him that,
without evidence, he would face the punishment for making a false accusation.

JURISTIC OPINION:

In the Hanafi madhhab, the accuser of adultery (or fornication) must bring
four witnesses who testify to the act in a clear and unambiguous manner.

If the accuser cannot provide this proof, they are subject to a legal punishment
of 80 lashes for committing Qadhf, as outlined in the Qur’anic verse in
SURAHAN-NUR (24:4):

“And Those Who Accuse Chaste Women And Do Not Produce Four
Witnesses, Flog Them With Eighty Lashes And Do Not Accept Their
Testimony Ever After.”

MALIKI SCHOOL: Similar to the Hanafi opinion, the Maliki scholars

emphasize the necessity of four witnesses to prove the accusation. If the
accuser cannot provide the required evidence, they face a penalty of 80 lashes.

SHAFI’I SCHOOL: The Shafi’I scholars also hold that the accuser must
bring four witnesses, and failure to do so results in the punishment of Qadhf,
which is 80 lashes.

HANBALI SCHOOL: IN the Hanbali school, the requirements are the

same—four witnesses are needed to substantiate an accusation of adultery.
Failure to do so will result in the legal penalty for making a false accusation.

EVIDENCE:

The verse from the Qur’an that specifically deals with accusations related to a
wife, particularly false accusations of adultery (or fornication), is Surah An-
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Nur (24:4). This verse outlines the punishment for making false accusations
(Qadhf) against a chaste woman without providing the required proof.

SURAH AN-NUR (24:4) – THE VERSE ON QADHF:

“And those who accuse chaste women and do not produce four

witnesses—flog them with eighty lashes and do not accept their testimony
ever after. And those are the defiantly disobedient.”

LEGAL RULES:

REQUIREMENT OF PROOF:If the accuser cannot bring forward four witnesses

who testify to the act of zina, then they themselves are subject to a punishment
of 80 lashes.

SURAH AN-NUR (24:6-9) – THE PROCESS OF LI’AN (OATH OF DENIAL):

“And those who accuse their wives and have no witnesses except

themselves, then the testimony of one of them shall be sworn four times
by Allah that indeed, he is of the truthful. And the fifth oath will be that
the curse of Allah be upon him if he is among the liars. But it will prevent
the punishment from her if she swears four times by Allah that indeed, he
is of the liars. And the fifth oath will be that the anger of Allah be upon
her if he was of the truthful.”

INTERPRETATION OF THIS VERSE:

The husband's oath: The husband swears four times by Allah that he is truthful
in his accusation.

The wife's oath: The wife, in turn, swears four times that she is innocent of the
accusation.
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The fifth oath: Both parties swear a final, fifth oath. If the husband is lying,
the curse of Allah is invoked upon him. If the wife is lying, the anger of Allah
is invoked upon her.

Outcome of Li'an: If the wife denies the accusation with her oath, the marriage
is annulled, and no corporal punishment is inflicted on her. This provides a
legal remedy when evidence is lacking but protects the sanctity of marriage
and individual rights.

HADITH # 1051:

: ‫قَا َل‬ َ‫َربِيعَة‬ ‫ب ِْن‬ ‫عَامِ ِر‬ ‫ب ِْن‬ ‫َّللا‬

ِ َّ ‫ع ْب ِد‬
َ ْ‫وَٰ عَن‬
". َ‫ف إِ َّل أَ ْربَ ِعين‬َ َ‫ فَلَ ْم أَ َرهُ ْم يَجْ ِلدُونَ ا ْل َم ْملُوكَ الَّذِي قَذ‬،‫"لَقَ ْد أَد َْركْتُ أَبَا بَك ٍْر َوعُ َم َر َوعُثْ َمانَ َو َمنْ بَ ْع َدهُ ْم‬
.‫ فِي ِكتَابِ ِه ا ْلجَامِ ِع‬،‫ي‬ ُّ ‫][ر َواهُ َما ِلكٌ َوالث َّ ْو ِر‬
َ

TRANSLATION:
Narrated by 'Abdullah bin 'Aamir bin Rabi'a:
"I have witnessed the time of Abu Bakr, 'Umar, and 'Uthman (‫ )رضي هللا عنهم‬and
those who came after them, but I did not see them beat the slave — who has
made an accusation of fornication (against someone) — except with forty
lashes.’’

STATUS OF HADITH:
Authentic

DIFFICULT WORDS:

• :َ‫ْن َر ِبيعَة‬
ِ ‫َّللا ب ِْن عَامِ ِر ب‬
ِ َّ ‫ع ْب ِد‬
َ Abdullah bin Aamir bin Rabi'a (name of the narrator).
• : ُ‫ أَد َْركْت‬I witnessed or reached (a time or era).
• : َ‫ أَبَا بَك ٍْر َوعُ َم َر َوعُثْ َمان‬Names of the first three Caliphs—Abu Bakr, Umar, and Uthman
(‫)رضي هللا عنهم‬.
• :‫ فَلَ ْم أَ َرهُ ْم‬I did not see them.
• : َ‫ يَجْ ِلدُون‬To whip or lash.
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• : َ‫ ا ْل َم ْملُوك‬The slave (servant).

• َ َ‫ الَّذِي قَذ‬Who made an accusation of fornication.
:‫ف‬
• : َ‫ إِ َّل أَ ْربَ ِعين‬Except with forty (lashes).

EXPLANATION:

In this Hadith, Abdullah bin Aamir bin Rabi’a reports that during the time of
the first three caliphs, Abu Bakr, Umar, and Uthman (may Allah be pleased
with them), and those who came after them, the punishment for a slave who
falsely accused someone of fornication (qadhf) was limited to forty lashes, and
they did not inflict any other punishment beyond that. The Hadith emphasizes
a practice that was followed by these early caliphs, showcasing how Islamic
law was applied to different groups within society, with a specific distinction
made for slaves in terms of legal punishments.

The Hadith is significant because it outlines a specific legal ruling regarding

the punishment for slaves who commit qadhf, reducing the prescribed
punishment for free individuals (which is eighty lashes according to the
Qur’an, Surah An-nur 24:4)to forty lashes. This reduction aligns with the
principle found in the qur’an in surah an-nisa (4:25), which states that the
punishment for slaves should be half of what is prescribed for free persons.
The hadith thus illustrates the practical application of this principle during the
caliphates of abu bakr, umar, and uthman (‫)رضي هللا عنهم‬.

The legal context behind this hadith is rooted in the concept of justice and
mercy in islamic law. The qur’an prescribes fixed punishments (hadd) for
crimes like qadhf to maintain social order and prevent false accusations, which
can destroy individuals’ reputations. However, islam also introduced a
distinction in the legal status of slaves, and this hadith reflects the mercy and
leniency shown toward them. Slaves, who were considered to be in a more
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vulnerable position in society, were granted a reduced penalty as part of their

legal status.

EVIDENCE:

SURAH AN-NUR (24:4)

ۚ ‫شهَـدَة أَبَ ًۭدا‬َ ‫وا لَ ُه ْم‬۟ ُ‫ُوا ِبأ َ ْربَعَ ِة شُ َه َدآ َء فَٱجْ ِلدُوهُ ْم ثَ َمـنِينَ َج ْلد ًَۭة َو َل تَ ْقبَل‬
۟ ‫ت ث ُ َّم لَ ْم يَأْت‬ َ ْ‫َوٱلَّذِينَ يَ ْر ُمونَ ٱ ْل ُمح‬
ِ ‫صنَـ‬
٤ َ‫سقُون‬ ِ ‫َوأ ُ ۟ولَـٓئِكَ هُ ُم ٱ ْلفَـ‬

TRANSLATION :

“Those who accuse chaste women ˹of adultery˺ and fail to produce four

witnesses, give them eighty lashes ˹each˺. And do not ever accept any
testimony from them—for they are indeed the rebellious’’

SURAH SURAH AN-NISA (4:25):

َ ‫ب ۚ ذَ ِلكَ ِل َمنْ َخش‬

َ‫ِى ٱ ْلعَنَت‬ ِ ‫ت مِ نَ ٱ ْلعَذَا‬ َ ْ‫علَى ٱ ْل ُمح‬
ِ ‫صنَـ‬ ُ ‫ش ٍۢ ٍة فَعَلَ ْي ِهنَّ نِص‬
َ ‫ْف َما‬ َ ِ‫فَفَ ِإذَآ أُحْ ِصنَّ فَ ِإنْ أَتَ ْينَ بِفَـح‬
َ ُ‫ٱَّلل‬
ٌ ًۭ ُ‫غف‬
٢٥ ًٰۭ ‫ور َّرحِ ي ٌم‬ ۟ ‫صبِ ُر‬
َّ ‫وا َخي ًۭ ٌْر لَّكُ ْم ۗ َو‬ ْ َ‫مِ نكُ ْم ۚ َوأَن ت‬

TRANSLATION:

‘’ If they commit indecency after marriage, they receive half the

punishment of free women.3 This is for those of you who fear falling into
sin. But if you are patient, it is better for you. And Allah is All-Forgiving,
Most Merciful’’

LEGAL RULES:

1. The punishment for a slave who falsely accuses someone of fornication

(qadhf) is forty lashes, while free persons receive eighty lashes as prescribed
by the Qur’an (Surah An-Nur 24:4).
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2.The Qur’an explicitly mentions that the punishment for slaves in various
criminal acts, including fornication and qadhf, is to be halved compared to that
for free persons (Surah An-Nisa 4:25).

3. This Hadith demonstrates that hadd punishments are enforceable on slaves,

but they are adjusted due to their social and economic status. This principle
ensures accountability while acknowledging their vulnerable position in
society.

4.The Hadith records the unanimous practice of the early caliphs (Abu Bakr,
Umar, and Uthman) and their successors, showing a consensus (ijma’) on this
ruling.

5.This consensus strengthens the validity of the reduced punishment for slaves
in Islamic law.

6.The companions strictly adhered to the reduced punishment of 40 lashes and

did not impose any additional penalties or physical harm on the slaves. This
rule reflects Islam’s emphasis on mercy and justice.

OPINION OF THE JURISTS:

1. HANAFI SCHOOL

The Hanafi jurists emphasize proportionality in hadd punishments and

consider the reduced punishment as a clear distinction between the legal
responsibilities of free individuals and slaves.They derive the ruling directly
from both the Qur'anic verse (4:25) and this Hadith, considering it a binding
practice upheld by the rightly guided caliphs.
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2. MALIKI SCHOOL

The Maliki school affirms the punishment of 40 lashes for slaves in cases of
qadhf, explicitly following this Hadith
Malik ibn Anas, who also reported this Hadith in his Muwatta’, considered the
practices of the companions as a valid source of Islamic law, further
strengthening the ruling.

3. SHAFI’I SCHOOL

The Shafi’i school adopts the same stance, affirming that hadd punishments
for slaves should always be halved.They emphasize the precedent set by the
early caliphs, as narrated in this Hadith.

SOURCES OF HADITH:
REPORTED BY MALIK:Imam Malik included this Hadith in his renowned

work, Al-Muwatta’. The Hadith in Al-Muwatta’ is considered highly reliable

as Imam Malik was known for his strict standards in accepting narrations.

BY SUFYAN ATH-THAWRI: The Hadith is also documented in Al-Jami’, the

work of Sufyan Ath-Thawri, another prominent and trustworthy scholar of

Hadith

HADITH # 1052

ُ‫ع ْنه‬ َّ ‫قَا َل ( َوعَنْ أَ ِبي ه َُري َْرةَ َر ِض َي‬: ‫هللا‬

َ ‫َّللاُ تَ َعالَى‬ ُ ‫قَا َر‬: ‫علَ ْي ِه ال َح ُّد َي ْو َم‬
ِ ‫سو ُل‬ َ َ‫َمنْ قَذ‬
َ ‫ف َم ْملُو َكهُ ُيقَا ُم‬
‫ع َل ْي ِه‬ ٌ َ‫ ِإ َّل أَنْ َيكُونَ َك َما َقا َل ُمتَّف‬،ِ‫ال ِق َيا َمة‬.
َ ‫ق‬
TRANSLATION:
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Narrated Abū Huraira Allah’s Messenger said, “If anyone accuses his slave of
committing fornication, he will be given the prescribed punishment on the Day
of Resurrection, [4] unless it is (a true accusation) as he said.”

STATUS OF HADITH:
(Agreed upon)

DIFFICULT WORDS:
‫ َق َذف‬:
Accused someone of fornication or adultery (slanderous accusation).
‫ َم ْم ُلو َك ُه‬: His slave or servant.

‫ يُقَا ُم َع َل ْي ِه الحَد‬:
The legal punishment (prescribed by Islamic law) will be carried out upon him.
‫ ي َْومَ ال ِقيَام‬:
The Day of Judgment (the day when all humans will be resurrected and held accountable
for their deeds).
‫إ ِ َّل أَنْ يَكُونَ َك َما َقا َل‬: Unless what he said is true.

EXPLAINATION OF HADITH:
This Hadith, narrated by Abu Hurairah (may Allah be pleased with him),
highlights a fundamental principle in Islam concerning justice, human dignity,
and accountability. The Prophet Muhammad (peace be upon him) stated that
whoever accuses their servant of fornication or adultery without evidence will
face the prescribed punishment (ḥadd) on the Day of Judgment, unless their
claim is proven true. This teaching underscores that Islam upholds the dignity
of every individual, regardless of their social or economic status, and prohibits
false accusations, which can harm reputations and disrupt social harmony. In
the context of Islamic law (Shari’ah), slander, particularly false accusations
 16

of fornication (qadhf), is a grave offense. If an accuser fails to provide four

reliable witnesses, they are subject to the punishment of 80 lashes in this
world, as outlined in the Qur’an (24:4). If this punishment is not enforced in
this life, divine justice will prevail on the Day of Judgment. This Hadith
emphasizes equality before the law, demonstrating that justice applies to
everyone, including servants and subordinates.The importance of this Hadith
lies in its role in protecting human dignity and discouraging irresponsible
accusations. It serves as a warning against slander and a reminder of the
consequences of unjust actions in both this world and the Hereafter. By
enforcing strict evidentiary requirements, Islam seeks to prevent harm to
individuals and foster a just and trustworthy society. This Hadith ultimately
reflects Islam’s universal commitment to fairness, accountability, and the
preservation of honor for all individuals.

EVIDENCE:
SURAH AN-NUR (24:4)
ۚ ‫شهَـدَة أَبَ ًۭدا‬ ۟ ُ‫ُوا بِأ َ ْربَعَ ِة شُ َه َدآ َء فَٱجْ ِلدُوهُ ْم ثَ َمـنِينَ َج ْلد ًَۭة َو َل تَ ْقبَل‬
َ ‫وا لَ ُه ْم‬ ۟ ‫ت ث ُ َّم لَ ْم يَأْت‬ َ ْ‫َوٱلَّذِينَ يَ ْر ُمونَ ٱ ْل ُمح‬
ِ ‫صنَـ‬
ِ ‫َوأ ُ ۟ولَـٓئِكَ هُ ُم ٱ ْلفَـ‬
٤ َ‫سقُون‬
TRANSLATION:
“Those who accuse chaste women ˹of adultery˺ and fail to produce four
witnesses, give them eighty lashes ˹each˺. And do not ever accept any
testimony from them—for they are indeed the rebellious”.

LEGAL RULES:
PROHIBITION OF FALSE ACCUSATION (QADHF):
The hadith emphasizes the gravity of falsely accusing someone, even a slave,
of immoral acts such as adultery or fornication. Islam mandates that everyone,
 17

regardless of their social status, has the right to dignity and protection from
slander.
EQUALITY BEFORE THE LAW:
This hadith illustrates that Islamic law does not differentiate in applying
punishments based on the social or economic status of a person. If someone
accuses a slave falsely, they are liable for the same punishment as if they
accused a free person.
PUNISHMENT FOR QADHF:
Under Islamic law, Qadhf (false accusation of adultery/fornication) carries a
punishment of 80 lashes, as per the Qur’anic verse in Surah An-Nur (24:4).
The hadith reinforces that the accuser cannot escape divine accountability
even if worldly justice is not implemented.
CONDITION OF THE ACCUSATION BEING TRUE:
The exception mentioned in the hadith (“unless the slave is as they said”)
means that if the accusation is proven true through evidence or confession, the
accuser is not held accountable. This aligns with the Islamic principle that
accusations must be supported by four witnesses to establish guilt.
MORAL AND ETHICAL RESPONSIBILITY:
The hadith serves as a warning against using one’s authority or power unjustly.
It reminds Muslims of their moral responsibility to treat their dependents,
including slaves (historically), with justice and fairness.
OPINIONS OF JURISTS:
Hanafi, Maliki, Shafi’s, and Hanbali Schools:
All major schools of thought agree on the prohibition of slander, including
against slaves, and uphold the punishment of 80 lashes for Qadhf. They also
affirm that the rights of slaves are protected under Shariah.
Some jurists highlight that this hadith reflects the importance of accountability
before Allah, even when worldly justice is not pursued.
 ‫‪18‬‬

‫‪3) ACCUSATION WITH A MURDER AND TAKING‬‬

‫‪AN OATH‬‬
‫‪HADITH #1020:‬‬
‫َ‬ ‫ُّ‬ ‫َ‬ ‫َ‬ ‫َ‬
‫ن قوم ْه‬ ‫ّللا َعن هه‪َ ، ،‬عنْ َبعضْ الش هيوخْ م ْ‬ ‫ن َسهلْ ‪َ :‬عنْ َسهلْ بنْ أبي َحث َم ْة َرض َْي َ هْ‬ ‫ّللا ب َ ْ‬ ‫ن َعب َْد َ ْ‬ ‫أ َْ‬
‫َ‬ ‫َ َ َََ ه َ َ ه ََ‬ ‫َ‬ ‫َ َ‬ ‫َ‬ ‫َه َ َ َ‬
‫ن‬ ‫ن َعب َْد َ ْ‬
‫ّللا ب َ ْ‬ ‫ص ْة فأخ َب َْر أ َ ْ‬ ‫ن َمس هعودْ خ َر َجا إلى خي َب َْر َعلى َبعضْ الحاجة‪ ،‬فأتى محي‬ ‫ص ْة ب َ ْ‬ ‫ومحي‬
‫ه‬ ‫ه‬ ‫َ‬ ‫َ‬ ‫َ‬ ‫َ‬ ‫َ‬ ‫ه‬ ‫َ‬ ‫َ‬ ‫ه‬ ‫َ‬ ‫ه‬ ‫َ‬ ‫َ‬ ‫َ‬ ‫َ‬ ‫َ‬
‫ل َوألق َْي في هبئ ْر‬ ‫ال ‪َ .‬سهلْ قت َْ‬ ‫ود فق َْ‬ ‫وه" ‪:‬فأتى ال َي هه َْ‬ ‫ّللا إنكمْ قتلت هم هْ‬ ‫اه" ‪:‬فقالوا ‪َ ".‬و َ ْ‬ ‫ّللا َما قتلن هْ‬ ‫‪َ ".‬و َ ْ‬
‫َ َ َ ه َ َ ه ه ه َ َ ََ َ َ‬ ‫ص َْة َو َعب َْد َ‬ ‫َََ َ َ‬
‫ال َر هسو هْل َ ْ‬
‫ّللا‬ ‫يد أنْ َيتكل َم‪ ،‬فق َْ‬ ‫ان محيص ْة ير ْ‬ ‫ن بنْ َسهل ْ‪ ،‬فك ْ‬ ‫الرح َم ْ‬ ‫اه هح َوي َ‬ ‫‪:‬ﷺفأتى أخ هْ‬
‫َ َ‬ ‫ََ ََ َ ه َ َ ه ه َ َ ََ َ ه َ َ ه‬ ‫ََ‬ ‫َ‬ ‫َ َ‬
‫ص ْة ‪".‬كب ْر كب ْر"‬ ‫ّللا ‪.‬فتكل ْم حويصة‪ ،‬ث ْم تكل ْم محي‬ ‫ال َر هسو هْل َ ْ‬ ‫إ َم ْا أنْ هيقد هموا د َي ْة " ‪:‬ﷺفق َْ‬
‫َ َه َ‬ ‫َ ه‬ ‫ََ‬ ‫َ‬ ‫َََ َ َ‬ ‫ََ َ‬ ‫ََ‬
‫ن ال َحر ه ْ‬
‫ب‬ ‫صاحبكم‪َ ،‬وإ َما أنْ تكو ْ‬ ‫ب إليهمْ بذل َك‪ ،‬فأ َج هابوا ‪".‬‬ ‫اه" ‪:‬فكت ْ‬ ‫ّللا َما قتلن هْ‬ ‫ال ‪َ ".‬و َ ْ‬ ‫ف ق َْ‬
‫ص َْة َو َعب َْد َ‬ ‫ص َْة َو هم َحي َ‬ ‫صاحب هكم؟" ‪:‬ل هح َوي َ‬ ‫ن د َي َْة َ‬ ‫َ ه َ َ َه َ‬ ‫َ ه‬ ‫َ‬
‫الرح َمنْ بنْ َسهلْ‬ ‫ن َوتشتكو ْ‬ ‫‪".‬لْ" ‪:‬قالوا "تحلفو ْ‬
‫َ‬ ‫َََ َ ه َه ه َ ه‬ ‫َ ه‬ ‫َ‬ ‫َ‬ ‫َ‬ ‫َ َ‬
‫‪:‬ق َ‬
‫الْ‬ ‫ود لكم؟"‬ ‫ف اليه ْ‬‫ين" ‪:‬قالوا "فأ ْل يحل ْ‬ ‫ﷺف َدف َْع َر هسو هْل َ ْ‬
‫ّللا ‪".‬ل ْ‪ ،‬إ َن ههمْ لي هسوا ب همسلم ْ‬
‫ََ َ َ‬ ‫ََ َ َ َ‬ ‫َ‬ ‫َ‬ ‫َ َ َ َ َ َ َ ه ه َ َ ََ‬
‫ال َسهلْ ‪.‬د َيت هْه منْ عندهْ وأرس ْ‬
‫ل إليهمْ مئ ْة ناقةْ‬ ‫ن فطأتني" ‪:‬ق َْ‬ ‫اء منه ْ‬ ‫‪".‬فكرتْ ناقةْ حمر ْ‬

‫‪STATUS OF HADITH:‬‬

‫) ‪(Agreed upon‬‬

‫‪TRANSLATION:‬‬

‫‪Narrated Sahl bin Abu Hathma (R.A) on the authority of some elderly men of‬‬
‫‪his tribe: 'Abdullah bin Sahl and Muhaiyisal bin Mas'ud went out to Khaibar‬‬
‫‪owing to some difficulties which had afflicted them. Muhaiyisa came and told‬‬
‫‪that 'Abdullah bin Sahl had been killed and thrown into a well. He came to the‬‬
‫‪Jews and said, "It is you I swear by Allah - who have killed him." They replied,‬‬
‫‪"We swear by Allah that we have not killed him." He, his brother Huwaiyisa‬‬
‫‪and 'Abdur Rahman bin Sahl came and Muhaiyisa was about to speak when‬‬
‫‪Allah's Messenger (PBUH) said, "Kabbir, Kabbir," (i.e. let the oldest speak‬‬
 19

first). So Huwaiyisa spoke, then Muhaiyisa spoke. Allah's Messenger (PBUH)

thereupon said, "They should either pay the blood money for your friend, or
take notice of war. He wrote to them a letter regarding that, and they answered,
"By Allah, we have not killed him." He then said to Huwaiyisa, Muhaiyisa
and 'Abdur Rahman bin Sahl, "Would you take an oath and make your claim
regarding the blood money of your companion?" They replied, "No." He said,
"Will the Jews then swear to you (that they are innocent)?" They replied,
"They are not Muslims." So Allah's Messenger (PBUH) himself paid his blood
money and sent them one hundred she-camels. Sahl said, "A red she-camel
among them kicked me."

DIFFICULT WORDS:

o “‫”من جهد‬: The word Juhd can be pronounced with a fatha or a damma on
the letter jeem, and it refers to hardship or financial constraint.
o “‫” قد قتل وطرح‬: Both are in the passive tense, meaning "was killed" and
"was thrown." “‫ ”طرح‬means to throw or discard.
o “‫” فاقبل‬: This means he approached the Prophet (peace be upon him).
o “‫” فذهب محيصة ليتكلم‬: Muhaisah intended to speak hastily, as he was present
during the incident and was younger than his brother Huwaisah.
o “‫”کبر کبر‬: This phrase is in the imperative form, meaning "let the elder go
first," respecting the seniority of age by allowing the elder to speak before
the younger.
o “‫”بريد السن‬: This is an explanatory insertion during the conversation,
interpreting “kabbir” to mean that the elder, based on age, should speak
first.
o “‫” اما ان يبدوا صاحبكم‬: It means, “either they pay the diyat for your murdered
brother.” The pronoun refers to the Jews.
 20

o “‫”واما ان باذنوا‬: Or they declare (izan) “war” against Allah and His
Messenger.
o “‫” فكتب اليهم‬: The Prophet (peace be upon him) wrote a document to them.
o “‫”فيحلف لكم يهود‬: Thus, the Jews will take oaths to refute your claim against
them.
o “‫” ليسواالمسلمين‬: They are not Muslims, so we will not accept their oaths.
o “:” ‫ فوداه‬So the Prophet (peace be upon him) personally paid the diyat.

EXPLANATION:

The letter qaf in Qasamah has a fatha (short vowel sound "a") and is softened,
derived from the root "Aqsama," and here it refers to an oath. According to
one opinion, in the view of jurists, it is the name for oaths, and there is also a
saying that according to the jurists, it is the name of faith and the original
while in its original linguistic meaning, it refers to those who take the oaths.
The practice of Qasamah takes place when a murdered person is found in a
locality or city, and the identity of the murderer is unknown, with no witnesses
to the crime. However, the heir of the murdered person accuses an individual
or a group of the murder, supported by weak evidence based on prevailing
suspicion.

In such a case, if the plaintiff's claim appears stronger (for instance, if the
murdered person was found in their locality or there was animosity between
the parties), then the heirs of the deceased are instructed to take fifty oaths
against the accused. If they take the oaths, they become entitled to receive
blood money (diyat), provided it is a case of accidental killing (qatl khata) or
quasi-intentional killing (qatl shibh al-amd). However, in cases of intentional
murder (qatl amd), according to Imam Malik, Imam Shafi'i's earlier opinion,
Imam Ahmad, and Ishaq, they are entitled to qisas (retribution). But according
 21

to Imam Abu Hanifa and the most authentic opinion of Imam Shafi'i, even in
intentional murder, they are entitled only to diyat.

If the heirs of the deceased refuse to take oaths or abstain from making the
claim, then the accused will be required to take an oath denying the murder or
any knowledge of the murderer. If they take the oaths, they are acquitted, and
nothing will be imposed upon them. However, if they refrain from taking the
oath and avoid it, then they will be held liable to pay diyat.1

This Hadith provides evidence for Qasamah, and one of its indications is the
practice where, due to the inability to identify the killer, oaths are taken from
suspected individuals or tribes that they neither committed the murder nor
have any knowledge about the murderer. This was a custom even during the
era of ignorance (Jahiliyyah), and Islam upheld its validity. In this practice,
fifty individuals testify under oath, stating that neither they nor their tribe nor
their village committed the murder. It should be noted that this oath-taking
(qasamah) is only applicable in cases of homicide and not in other cases of
prescribed punishments (hudood). Qasamah can be invoked from both sides.
If the heirs of the deceased present evidence or take an oath stating that the
accused are the killers of their relative, the accused are held liable to pay blood
money (diyat). However, if the plaintiffs fail to provide evidence or take an
oath, then the defendants or the accused can clear themselves by taking fifty
oaths. These oaths are to be sworn by individuals chosen by the plaintiff. This
Hadith also establishes that in collective matters, the elderly should be the first
to speak.

EVIDENCE:

1
Bulugh Al marham volume 2
 22

A relevant Quranic verse related to making oaths (qasam) is:

SURAH AL-MA’IDAH (5:89)

ً ‫ّللا َغ هف‬ َ ‫َ َ ه ََ ه َ ه ه َ َ َ َ هه ه ه‬ َ ‫َ ه َ ه ه ه َه‬

ARABIC TEXT: ‫ورا‬ ْ َ ‫وبك ْم ْۗ َوك‬
ْ‫ان َ ه‬ ‫ت قل‬
ْ ‫ّللا باللغوْ في أيمانك ْم ولكن يؤاخذك ْم بما كسب‬
ْ ‫ْل يؤاخذك ْم‬
ً ‫َحل‬
‫يم ْا‬

TRANSLATION:
"Allah will not impose blame upon you for what is unintentional in your
oaths, but He will impose blame upon you for what your hearts have earned.
And Allah is Forgiving and Forbearing."

SURAH AN-NAHL (16:94)

‫َ ه‬ ‫ََ َ َه َ َ َ ه َ َ ً َ َ ه ََ َ َ َ َ َ هه َ ََ ه ه‬
ARABIC TEXT: ‫وء ب َما َسفكت ْم‬ ُّ ‫وقوا‬
َْ ‫الس‬ ‫ل بينك ْم فتز ْل قدمْ بع ْد ثبوتها وتذ‬
ْ ‫و ْل تجعلوا أيمانك ْم دخ‬
‫َ َ َ َ ي ََ َ َ َ َ ه ه‬ ً َ َ َ ‫ََ َ ه ه َ َ َ َ َ َ َ ََ ه َ َ ه‬ ‫َ َه‬
َْۗ ‫ن‬
ْ ‫ين ْل يؤمنو‬
ْ ‫ّللا الذ‬
ْ ‫ت قصبت ْه بع ْد قوةْ أنكاثا ْۗ إنما يفتر ْ على‬ْ ‫أي َمانك ْم ْۗ و ْل تكونوا كالذي نكث‬

TRANSLATION:
"And do not make your oaths a reason for your stumbling. And you will
taste the consequence of what you have made your oaths, and do not be like
one who unwinds his thread after it has been strong. Indeed, those who
fabricate lies against Allah are not successful

SURAH AL-BAQARAH (2:224)

َ ‫ن‬ ‫َ ه ه‬ َ َ ‫َ َ َه ََ ه َ ً َ ه‬
ْ‫الناسْ ْۗ َو َ ه‬
ARABIC TEXT: ْ‫ّللا َسميع‬ ْ َ ‫ض ْة ِلي َمانك ْم أن ت َب ُّروا َوت َتقوا َوتصل هحوا َبي‬‫ّللا عر‬
ْ ‫ول تجعلوا‬
ْ ‫َعل‬
‫يم‬

TRANSLATION:
"And do not make Allah an excuse for your oaths against being righteous and
fearing Allah and making peace among people. And Allah is Hearing and
Knowing."

NARRATED BY:

(ABDULLAH BIN SAHL) 'Abdullah bin Sahl bin Zaid bin Ka'b bin 'Aamir Al-

Ansari Al-Harithi was killed at Khaibar and his body was found in a spring
with his neck broken.
 23

(MUHAIYISA) Abu Sa'id Muhaiyisa bin Mas'ud bin Ka'b Al-Harithi Al-
Ansari Al-Madani, the paternal cousin of the murdered 'Abdullah was a well-
known Sahabi, who had become a Muslim before the Hijra and took part in
the battle of Uhud, Al-Khandaq (the Trench) and the rest of the other imponant
battles. Allah's Messenger; also sent him to the people of Fadak to call them
to Islam.

(HUBSA) He was the elder brother of Muhaiyisa who became a Muslim

through Muhaiyisa's efforts. It is said that he took part in Al-Khandaq (the
Trench), Uhud and the rest of the other importnant battles with the Prophet.

(ABDUL REHMAN BIN SAHL): He is the brother of the aforementioned

‘Abdullah bin Sahl and his mother was Laila, daughter of Nafi' bin 'Aamir. It
is said that he fought at Badr, Uhud and at all the other imponant battles. He
is also the one who was bitten by a snake and 'Amara bin Hazm treated him
with Ar-Ruqya (i.e. Qur'anic reading and prayers) by order of the Prophet;
However, Ibn Hajar found that unlikely to be the case and hesitated to accept
it as factual in his book Al-Asaba.

LEGAL RULES:

1. The requirement for evidence before making accusations of murder is

emphasized. In this case, the need for four witnesses is a fundamental
principle in Islamic law (Sharia) when dealing with serious allegations,
particularly those involving accusations of dishonor or murder.
2. The hadith illustrates the importance of allowing the accused (in this case,
the Jews accused of murder) to respond to accusations. The Prophet
 24

(PBUH) facilitated a dialogue and ensured that both parties could present
their cases.
3. The concept of blood money (diyat) is significant. If a murder is
established, the family of the victim has the right to claim blood money as
compensation, which can prevent further bloodshed and promote
reconciliation.
4. The hadith suggests that the intention behind actions, including oaths, is
crucial. The Prophet (PBUH) encouraged sincerity and proper conduct in
seeking justice.
5. The Prophet (PBUH) acted as a mediator, demonstrating the role of
religious leaders in resolving disputes and enforcing justice in the
community.
6. The hadith implies that oaths can be used to support claims of innocence or
to assert rights related to blood money. However, the validity and sincerity
of oaths are paramount.
7. The presence of the community (the believers) during the proceedings and
their acknowledgment of the situation is significant. This community
aspect reinforces accountability.

1. HADITH # 1021:
AL-QASAMA (Oath)

LITERAL MEANING

The literal meaning of the Arabic word "Al-Qasama" (‫ )القصامة‬comes from the
َ َ‫( "ق‬qasam), which means "oath" or "swearing". Thus, Al-Qasama can
root "‫سم‬
be translated as "the oath "or "the sworn declaration".

The word carries the connotation of swearing an oath as a form of proof or

testimony, often used in legal or formal contexts. In Islamic law, as mentioned
 25

previously, it refers specifically to an oath taken to establish innocence or guilt

in situations where evidence is lacking.

TECHNICAL MEANING

Qasama is a juridical oath used to resolve disputes over murder when direct
evidence is lacking.

HADITH

Narrated a man from Al-Ansär: "Alläh's Messenger affirmed the practice of

Qasama (taking an oath in a murder case) as it was in the Jahiliya times. (2)
Alläh's Messenger i gave a ruling according to it for some people of Al-Ansär
regarding a slain person whom they claimed was killed by the Jews."
[Reported by Muslim].

) ‫علَ ْي ِه فِي‬ َ ْ‫علَى َما كَانَت‬ َ ‫سا َم َة‬ َ ‫هللا ﷺ الق‬

ِ ‫سو َل‬ُ ‫ أَنَّ َر‬،ُ‫ع ْنه‬
َ ‫َّللاُ تَ َعالَى‬ ِ ‫َوعَنْ َر ُج ٍل مِ نَ ْاألَ ْنص‬
َّ ‫َار َر ِض َي‬
ْ ‫ َر َوا ُه ُم‬.ِ‫علَى ال َي ُهود‬
‫س ِل ٌم‬ ِ ‫اس مِ نَ األَ ْنص‬
َ ‫ في قتيل ا َّدع َْو ُه‬،‫َار‬ ِ َ‫هللا ﷺ َب ْينَ ن‬
ِ ‫سو ُل‬ ُ ‫ َوقَضَى ِبهَا َر‬،‫الجَا ِه ِل َّي ِة‬.

Difficult Words

‫القسامتہ‬ Oath

‫الجاہليتہ‬ Jāhiliyyah times

‫قتيل‬ slain person

‫ادعوه‬ Claim

STATUS OF HADITH

SAHIH (Authentic)
 26

EXPLANATION:

Sahl b. Abu Hathma and Rafi' b. Khadij reported that 'Abdullah b. Sahl b.
Zaid and Muhayyisa b. Mas'ud b. Zaid went out and as they reached Khaibar
they were separated. Then Muhayyisa found 'Abdullah b. Sahl having been
killed. He buried him, and then came to Allah's Messenger (may peace be
upon him). They were Huwayyisa b. Mas'ud and 'Abd al-Rahman b. Sahl, and
he (the latter one) was the youngest of the people (those three who had come
to seek an interview with the Holy Prophet) began to talk before his
Companions (had spoken). Thereupon Allah's Messenger (may peace be upon
him) said: The eldest one (eldest in regard to age should speak). So he kept
quiet, and his companions (Muhayyisa and Huwayyisa) began to speak, and
he ('Abd al Rahman) spoke along with them and they narrated to Allah's
Messenger (may peace be upon him) the murder of 'Abdullah b. Sahl.
Thereupon he said to them: Are you prepared to take fifty oaths so that you
may be entitled (to blood-wit) of your companion (or your man who has
murdered)? They said: How can we take an oath on a matter which we have
not witnessed? He (the Holy Prophet) said: Then the Jews will exonerate
themselves by fifty oaths. They said: How can we accept the oaths of people
who are unbelievers? When Allah's Messenger (may peace be upon him) saw
that, he himself paid his blood-wit.

EVIDENCE:

VERSE:

"O you who have believed, prescribed for you is legal retribution (Qisas) in
the case of murder: the free for the free, the slave for the slave, and the female
for the female. But if anyone is forgiven by the brother of the slain, then
 27

payment should be made according to what is acceptable and payment

should be made in good conduct. This is an alleviation and a mercy from
your Lord. And whoever transgresses after that will have a painful
punishment."
(Qur'an 2:178)

This verse emphasizes that the general principle in Islamic law is that a person
who causes the death of another should be punished in a manner that reflects the
nature of the crime (i.e., retaliation). It also allows for forgiveness by the family
of the victim, which could be part of the reasoning for using Qasama in cases
where direct evidence is lacking but a claim is being made.

OPINION OF JURISTS:

ACCEPTANCE OF QASAMA AS A VALID LEGAL PRACTICE

The HANAFI and SHAFI’I schools view Qasama as a legitimate practice in

murder cases when direct evidence is unavailable. In this case, the relatives
of the deceased can swear an oath (with a specified number of people, often
50 or more) to establish the guilt of the accused.

The MALIKI and HANBALI schools also allow the practice of Qasama, but
they may have slightly different rules regarding the number of oaths required
and the circumstances under which it can be used.

CONDITIONS AND LIMITS OF QASAMA

NUMBER OF OATHS: The Prophet's endorsement of Qasama in the hadith

implies that a certain number of people must take an oath to establish the
 28

accusation (usually 50 people). This is in line with the pre-Islamic practice,

but it is restricted under Islam to ensure fairness and prevent misuse.

ROLE OF THE COURT: In Islamic law, the judge (or qadi) is tasked with
assessing the validity of the oaths. The judge has the discretion to reject or
accept the oaths based on the circumstances of the case.

WITNESSES AND EVIDENCE: While Qasama can be used in the absence of

direct witnesses or evidence, it is not a substitute for solid evidence. The practice
is typically used as a last resort when there is no other way to establish guilt.