What should wife do if blamed?
Mu' meneen Brothers
and Sisters,
As Salaam Aleikum wa
Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon
all of you)
One of our
brothers/sisters has asked this question:
Asslam-o-alaikum
Bahi, My Question is "What should a wife do If his hasband claimed she is
characterless but she is not?"
(There may be some
grammatical and spelling errors in the above statement. The forum does not
change anything from questions, comments and statements received from our
readers for circulation in confidentiality.)
Answer:
In the name of Allah, We praise
Him, seek His help and ask for His forgiveness. Whoever Allah guides none can
misguide, and whoever He allows to fall astray, none can guide them aright. We
bear witness that there is no one (no idol,
no person, no grave, no
prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad(saws) is His slave-servant and the seal of His Messengers.
If any one in a couple accuses
the other of being characterless or ‘zaa’ni’,
it will be taken very seriously,
for such accusations completely undermine the sacred bond and
relationship of the husband and wife in marriage.
If a husband accuses his wife of
being characterless or ‘zaaniya’, the
wife has the right to go to an Islamic Court,
and challenge the husband to prove his accusation.
The Shariah Court will ask the
husband to bring forth four eye-witnesses to prove his accusation. If he is unable to provide the four
witnesses, the Court will demand that
the husband take an oath four times in the name of Allah that his accusation is
true, and on the fifth oath he will be
asked to invoke the curse of Allah upon himself if his accusation is a lie.
If he takes the oaths, the Shariah Court will then ask the woman to
take four oaths in the name of Allah that her husband is telling a lie, and on the fifth oath she will be asked to
invoke the curse of Allah upon herself if the accusation of her husband is
true.
Allah says in the Holy
Quran Chapter 24 Surah Noor verses 6-8:
6 And for those who launch a charge against their
spouses and have (in support) no evidence but their own their solitary evidence
(can be received) if they bear witness four times (with an oath) by Allah that
they are solemnly telling the truth;
7 And the fifth (oath) (should be) that they
solemnly invoke the curse of Allah on themselves if they tell a lie.
8 But it would avert the punishment from the wife
if she bears witness four times (with an oath) by Allah that (her husband) is
telling a lie;
9 And the fifth (oath) should be that she solemnly
invokes the wrath of Allah on herself if (her accuser) is telling the truth.
If the husband accuses his wife
of ‘zina’, and is not able to produce
four eye-witnesses, and refuses to take
the oaths, the Shariah Court will
command that he be punished for the crime of ‘kazaf’, which is 80 lashes in public in Shariah; and his evidence will never ever be accepted
in a Shariah Court thereafter.
Allah Says in the Holy
Quran Chapter 24 Surah Noor verse 4: And those who launch a charge against chaste
women and produce not four witnesses (to support their allegation) flog them
with eighty stripes: and reject their evidence ever after: for such men are
wicked transgressors.
If the man takes the oaths, and the woman refuses to take the
oaths; then she will be sentenced for
the crime of adultery, which is being
stoned to death in Shariah.
If both the man and the woman
take the oaths, then the Shariah Court
will immediately dissolve the marriage,
and no one will be prescribed punishment in the life of this world. Not only will they no longer be considered
husband and wife after the Shariah Court dissolves their marriage, they can never ever remarry each other again
under any circumstances!
Whatever written of Truth and
benefit is only due to Allah’s Assistance and Guidance, and whatever of error
is of me. Allah Alone Knows Best and He
is the Only Source of Strength.
Your Brother in
Islam,