Thread by @IbneKhan01

.:Accusing a man of rape without evidence:.

It has become common for Muslims to accuse men of rape without sufficient evidence, and to then spread such among society. Some imagine that a mere claim of a woman, without the necessary proof,

is a satisfactory criterion by which a Muslim can be accused of a major sin. To the extent that we have such statements being said, and people are liking and pleased with them:

In the sharīáh, rape is a coerced form of zinā, and so is established only by what causes zinā to be established; testimony of four upright Muslim witnesses, or confession. Besides this, it is not permissible to accuse someone of any form of zinā, including rape.

Those women who do so, and those people who accept their words and promote such claims are slanderers who are guilty of the crime and sin of qadhf.

Alahazrat Imām Aĥmad Riđā Khān al-Ĥanafī al-Qādirī al-Baraylawī [1272–1340 AH / 1856–1921 CE] was asked regarding a woman

who accused a particular man of raping her without the necessary evidence. The question is as follows:

18 Muharram 1307 AH [~ 14 September 1889 CE]

“What do the scholars of the religion and muftīs of the sharīáh regarding this issue,

that it is an assertion of a woman that Zayd committed zinā bi'l jabr [zinā by coercion] with me, there is no witness, and this assertion is of that woman, that besides myself and Zayd there was no other person present in the building in which the aforementioned incident occurred

Zayd rejects, saying that I did not commit zinā, rather for the purpose of admonishment I chided, and that chide was that in the morning, at the time when Zayd went home to fetch water, Zayd awoke that woman, that come to your senses,

let it not be that some dissolute man take something away. When Zayd had fetched water and returned, he found the aforementioned woman to be asleep thus he kicked the bed of the aforementioned woman, that you are still negligent and sleeping,

if someone took the wealth then what would occur? Zayd also chided her, upon this she stirred up an outcry and accused Zayd of zinā bi'l jabr.

Is the statement of the woman credible regarding the aforementioned incidents or not?

And two individuals, of which one is Muslim and the other Hindū, state that we heard a voice coming from the building, that this individual is dishonouring me.

Clarify and be rewarded.”

The response given by the Imām was:

“It is obligatory [farđ] upon every Muslim to consider it a lie and slander, and they should have a good opinion of a Muslim. Those folk who consider the aforementioned woman to be truthful,

they are also major sinners and shall be seized in relation to the right of that man.

The ruling of the sharīáh is that zinā be proven either by four witnesses who are Muslim, trustworthy, pious, worthy of testimony,

that they give testimony of this man committing zinā with this woman at that particular time, in that specific place, and with their own eyes seeing his body in her body, as a needle in a vial for keeping kohl [surmah-dānī], then the woman shall be acquitted from this allegation,

and the ĥadd for zinā shall be imposed upon the man, otherwise the woman shall receive eighty lashes, and those folk who cast this slander upon him, considering her to be truthful, they too shall receive eighty lashes.

This ruling is mentioned in the Qur'ān Majīd itself.

In this land, as the ĥadd of sharīáh is no longer in place, this much is obligatory [farđ], that the Muslims consider that woman to be a liar and one who unjustly slander. Then, the Muslims should have her repent, and she should deny her statement in a gathering.

If she does not accept, then they should abandon her, as she has committed a major sin.

The testimony of those two witnesses do not benefit the woman at all, as:

Firstly, it is only one witness; the testimony of a kāfir is not accepted.

Secondly, they do not say anything regarding witnessing with their eyes.

Thirdly, they only testify to hearing the voice of that woman, she herself is a claimant; the statement of the claimant is not heard.

Fourthly, dishonouring is not something said specifically for committing zinā; such a word is also said at being beaten and thrashed, or the intent of beating and thrashing.

In short, the testimony is without meaning, and the statement of the woman is wholly null and void,

and the man is wholly acquitted from the allegation, and the allegation of a false allegation remains and it is obligatory [farđ] upon her to repent from this major sin.

And Allāh táālā knows best, and His Knowledge is most complete and most perfect.”

Fatāwā al-Riđawiyyah, vol. 13, pp. 613-614.

Therefore, it is clear that there is no such principle in the sharīáh that woman's mere accusation against a man is valid testimony in of itself.

Rather, she must bring four upright male Muslim witnesses who give testimony of seeing the private part of the male enter the private part of the woman at the time and place at which she claims it occurred. If this is not done, then this is nothing but a slander and a major sin,

those who accept her word and on the basis of her word slander the man are also sinners; the women and they being guilty of qadhf.

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