False Accusation of Adultery or Sodomy and Its Punishment
From a linguistic perspective, the term Qazf means throwing or casting. In Islamic jurisprudence, it is classified as one of the Hudud crimes and refers to accusing another person of adultery or sodomy, even if the accused person is deceased. In other words, when an individual attributes adultery or sodomy to another person and is unable to prove such an allegation before a competent court, the act constitutes Qazf.
Although Qazf bears similarities to insult and defamation, the legislator has distinguished it on account of its severe impact on the dignity, honor, and reputation of the accused person and their family. As a Hudud crime, Qazf is subject to a specific punishment under Islamic law. The offense is realized when the accuser uses explicit and unambiguous expressions, is aware of their meaning, and intends to attribute adultery or sodomy to another person. In such circumstances, even if the accused person does not understand the meaning of the expressions used, the crime is deemed to have occurred, and the offender is subject to punishment. Qazf may be committed verbally or in writing, including through electronic and digital platforms.
Conditions for the Realization of the Crime of Qazf
What conditions must the accuser and the accused meet?
The term accuser refers to the individual who commits the act of Qazf, while accused refers to the person against whom adultery or sodomy is alleged. Qazf is realized only if, at the time of the accusation, the accused person is mature, Muslim, sane, specifically identified, and not openly known for committing adultery or sodomy. If the accused does not meet these conditions, the offender will be punished with 31 to 74 lashes as a discretionary punishment. If the accused person is openly known for committing adultery or sodomy, the accusation carries no punishment.
Clarity and explicitness in speech or writing are essential conditions for the accuser. The accuser must understand the meaning of the expressions used, be sane and mature, and must intend to attribute adultery or sodomy to the accused person.
Qazf Against Prophets and Imams
Any individual who insults or accuses the Prophets, the Imams, or Lady Fatimah is subject to the punishment of execution pursuant to Articles 262 and 263 of the Islamic Penal Code of Iran. This punishment shall not apply if the offender claims that the statements were made due to reasons such as intoxication, intense anger, lack of awareness of the meaning, coercion, mistake, negligence, or quotation from another person.
Punishment for Qazf
The punishment for Qazf or sexual defamation is eighty lashes, as stipulated in Article 250 of the Islamic Penal Code of Iran. In certain cases, the legislator has deemed the application of the Hadd punishment inapplicable and has instead prescribed a discretionary punishment of 31 to 74 lashes. This applies when a father or paternal grandfather accuses his child or grandchild, or when a person attributes adultery or sodomy that does not warrant Hadd punishment, such as acts committed under coercion or by an underage individual.
In cases involving accusations against the Prophets, the Imams, or Lady Fatimah, if the offender claims intoxication, anger, or quotation from another person in a manner that constitutes insult rather than Qazf, the Hadd punishment shall not apply.
Circumstances Leading to the Waiver of the Hadd Punishment for Qazf
Qazf is classified as a private right offense, and the prosecution and enforcement of punishment require a complaint by the accused. If the accused grants forgiveness, prosecution and execution of the punishment shall cease. Once forgiveness is declared, the accused may not later demand enforcement of the Hadd punishment.
According to Article 261 of the Islamic Penal Code of Iran, the Hadd punishment for Qazf shall be waived in the following cases: if the accused confirms the allegation made by the accuser, if the alleged adultery or sodomy is proven through witness testimony or the judge’s knowledge, if a husband performs the procedure of Li’an after accusing his wife, or if two individuals accuse each other of Qazf. In the last case, both parties shall be sentenced to 31 to 74 lashes as discretionary punishment.
Evidence Required to Prove Qazf
Pursuant to the provisions of the Islamic Penal Code, Qazf may be proven by two confessions before a judge, the judge’s knowledge, or the testimony of two just male witnesses.
Difference Between Qazf and Pandering
As explained, Qazf refers to attributing adultery or sodomy to another person without proof. Pandering, on the other hand, refers to facilitating contact between a man and a woman who are not legally related, or between two men, for the purpose of engaging in sexual acts. If adultery or sodomy is realized through pandering, the punishment for pandering shall apply, which consists of seventy-five lashes.
Frequently Asked Questions About Qazf and Its Punishment
Qazf means attributing adultery or sodomy to another person without the ability to prove it in court, and it is considered a Hudud crime.
The accuser is the person who attributes adultery or sodomy to another, and the accused is the person to whom the allegation is made.
The accused must be mature, sane, Muslim, and not openly known for adultery or sodomy. The accuser must use explicit language and intend to attribute the allegation to the accused.
The Hadd punishment for Qazf is eighty lashes. In certain specific cases, such as accusations by a father or paternal grandfather or allegations under special circumstances, a discretionary punishment of 31 to 74 lashes applies.
The Hadd punishment is waived if the accused grants forgiveness, if the accuser’s allegation is confirmed, if adultery or sodomy is proven, or if the matter is established through witness testimony or the judge’s knowledge.
Accusing the Prophets, the Imams, or Lady Fatimah results in execution under Articles 262 and 263 of the Islamic Penal Code, unless the act occurred under conditions such as intoxication, anger, mistake, or quotation.
Qazf may be proven through two confessions before a judge, the judge’s knowledge, or the testimony of two just male witnesses.
Qazf involves making an unproven allegation of adultery or sodomy, whereas pandering involves facilitating sexual relations between individuals. Pandering carries a Hadd punishment of seventy-five lashes. What is Qazf?
Who are the accuser and the accused in Qazf?
What are the conditions for the realization of Qazf?
What is the punishment for Qazf?
What circumstances lead to the waiver of the Hadd punishment for Qazf?
What is the punishment for Qazf against Prophets and Imams?
What evidence is required to prove Qazf?
What is the difference between Qazf and pandering?
