What is Qazf
What is Qazf? When it is liable to Hadd when to Tazir and how it is proved?
Introduction
Qazf is a criminal violation of the rights of others. It is an intentionally false accusation of unlawful sexual intercourse. The Holy Quran has preserved the reputation of every person and if the accusation proved false, in this case, there is a severe punishment for the offender. If a person has been falsely accused of Zina by another 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 offenses ordinance. Qazf directly affects the person’s reputation in the eyes of the society. One saying related to it” When wealth is lost, nothing is lost; when health is lost, something is lost; when a character is lost, all is lost”
Meaning of Qazf
The literal meaning of qazf is “throwing out”
Definition of Qazf
When someone falsely makes an allegation of Zina to another person either by words or writing to harm the reputation of such person is called Qazf
Essential elements of Qazf
Following are the essential elements of Qazf. Details of these elements are given below.
There should be an accusation against Zina
To establish Qazf, if the accusation of zina by one person against another person is proved, the slanderer will be liable for punishment against his criminal act. If an accusation is not available in this case punishment will not be given
An accusation should be false
To establish Qazf, if an accusation of zina is proven false, in this case slanderer will be liable for punishment against his criminal act, if the allegation of Zina is proven to be true and made for public good, in this case punishment will not be given
An accusation should be clear in words
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
An accusation should harm the reputation
To establish Qazf, if the statement of an allegation of Zina has been given to harm the reputation of another person, in this case, the slanderer will be liable for punishment against his criminal act
Kinds of Qazf
Following are the two kinds of Qazf
- Qazf liable to Hadd
- Qazf liable to Tazir
Qazf liable to Hadd
When an adult intentionally commits Qazf of Zina against a person who never had sexual intercourse except with his lawfully wedded spouse, such kind of qazf is liable to Hadd
Proof of Qazf liable to Hadd
Following is the proof that is necessary to establish the Hadd punishments
- When a slanderer confesses his guilt before a court of law
- When the slanderer makes an imputation before the court of law
- When at least two Muslims give testimony before the court of law after the process of Tazkiya Tul Shahood against the slanderer the slanderer is falsely accused of Zina
Punishment of Qazf liable to Hadd
Following are the punishments for the 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 with 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 slanderers. Details are as under
- When a slanderer commits qazf against any of his relatives
- When either the slanderer or the person slandered died during the judicial proceedings
- When an allegation is proved true
- When a person slandered withdraws the case
- When the number of witnesses is less than two
- Who can file a case against Qazf
- No proceedings under this Ordinance shall be initiated unless the report is lodged before the court
- If the person slandered is alive, he or another person on his behalf can file the case against the slanderer in the court for punishment
- If the person slandered is dead, in this case, any of the ascendants or descendants of a deceased person can file the case against the slanderer in the court for punishment
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 available against his false accusation of 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 a slanderer who commits Qazf liable to Tazir
- Imprisonment with the term of two years, imprisonment can be rigorous or simple
- Will be punished 40 strips
- Fine
Objectives of Punishment
Following are the objectives of the punishment
- The major objective of the punishment is the protection of the life of the offender
- The second objective of the punishment is the protection of the property of the people
- Another objective of the punishment is the protection of the state and country
- The theory of punishment aim is the maintenance of peace and equality
- Protection of the culture and morality
- The most important objective is the protection of the rights and liberties of the people
- The biggest aim of punishment is to disgrace the crimes and criminal activities
- To prevent the other members of the community from repeating crimes
Conclusion
Qazf is a false allegation of Zina against a person who never had sexual intercourse except with his lawfully wedded spouse, after proving the statement false, according to Islamic injunctions, slanderers will be punished under an ordinance of Hudood case 1979. Qazf is an attack on the reputation of the person and such an attack decreases the person’s reputation in the eyes of society, it is a severe criminal act against which different injunctions have been given in the Quran and Sunnah for the protection of innocent people from such slanderers