If someone who has been an otherwise upstanding citizen is suspected of being an adulterer, murderer, homosexual, or other perpetrator of a major sin what does the Shari'ah say about it and what should Muslims do?

    Accusing an innocent person of major crimes such as adultery, homosexuality, murder, is wrong. Such accusation are considered in Islam to be among the major, decisive sins that deserve the wrath of Allah, His punishment and His curse in this life and the Hereafter. This is because such things breach the sanctity and security of the believers. It is for this reason that the Qur'an has denounced false accusations in the strongest terms and has promised those who engage in these accusations the severest punishment in this life and the Hereafter. As Allah says in the Qur'an:

    "And as for those who malign believing men and believing women without their having done any wrong - they surely burden themselves with the guilt of calumny, and thus with a flagrant Sin." (AI-Ahzab, 33:58)

    "Those who accuse chaste, unwary, believing women, have been cursed in the world and the Hereafter, and a mighty chastisement awaits them, Let them not be heedless of the Day when their own tongues, their hands, and their feet shall all bear witness against them as to what they have been doing. On that Day Allah with justly requite them, and they will come to know that Allah - and He alone - is the truth manifest." (An-Nur, 24:23-25)

    Muslim scholars have agreed that accusing a believing male is the same as that referred to in the Qur'an when it mentions the accusation towards believing women, the verse was revealed in the form addressing believing women because it was referring to the case of Aisha (ra), but in its meaning applies to all believers. This verse was revealed to defend Aisha (ra), the most beloved wife of the Prophet (saw) after Khadijah. She was accused of committing adultery with one of the Companions of the Prophet (saw), who could not be doubted in his character and chastity, but the hypocrites took this opportunity to stoke the fire of fitna which affected not only the individuals but the whole community, until the revelation came to clarify the case and put things right:

    "Surely those who invented this calumny are a band from among you. Do not deem this incident an evil for you; nay it is good for you. Every One of them has accumulated sin proportion to his share in this guilt; and he who has the greater part of it shall suffer a mighty chastisement. When you heard of it, why did the believing men and women not think well of their own folk and say; 'This is a manifest calumny!' Why did they not bring four witnesses in support of their accusation? Now that they have brought no witness, it is they who are the liars in the sight of Allah" (An-Nur, 24:11-13)

    It is Allah's clear rule that whoever accuses someone of adultery has to prove his claim by bringing forth four witnesses, who are known to be truthful and who have all seen the act with their own eyes. As the texts of the Shari'ah have explained the witnesses must all have seen the actual act of intercourse taking place rather than just seeing two people together. If four such witnesses cannot be brought forward on these terms then the accuser is deemed to be a liar and is subject to punishment; not only one punishment but three at different levels as described in the Qur'an:

    "Those who accuse honorable women but do not produce four witnesses, flog them with eighty lashes, and do not admit their testimony ever after. They are indeed transgressors, except those of them that repent thereafter and mend their behavior. For surely Allah is most-Forgiving, Ever Compassionate." (An-Nur, 24: 4-5)

    This verse has mentioned three punishments for such an abhorrent crime. Firstly, physical punishment comprising of eighty lashes, secondly social and moral humiliation in that his testimony can never be accepted on any subsequent matter, and that thirdly this Type of person is described as a fasiq, (a wrongdoer, rebellious):

    "Is then he who (in his earthly life) was believer to be compared with one who was iniquitous? (Nay,) these two are not equal! As for those who attain to faith and do righteous deeds - gardens of rest await them, as a welcome (from Allah), in result of what they did; but as for those who are lost iniquity - their goal is the fire: as of as they will try to come out of it, they will be thrown, back into it; and they will be told, 'Taste (now) this suffering through fire which you were wont to call a lie!" (As-Sajda, 32: 18-20)

    "And (remember that) when We told the angels, 'Prostrate yourselves before Adam,' they all prostrated themselves, save Iblis: he (too) was one those invisible beings, but then he turned away from his Sustainer's command. Will you then, take him and his cohorts for (your) masters instead of Me, although they are your foes? How vile an exchange on the evildoers' part!" (AI-Kahf, 18:50)

    It is the Mercy of Allah that He has opened the doors of forgiveness to those who want to purify themselves, as He says: "Except who repent after that and reform and Allah is oft-Forgiving, Most Merciful" Imam Abu Hanifah understood from this that forgiveness will remove the last punishment only, i.e. the label of fisq, but it will not remove their inability to testify as Allah has stated, "and reject their evidence ever after…"

    The crime becomes even worse when such accusations befall someone who is well reputed with integrity and good character. Islam has emphasized the protection of people's honor and dignity and does not allow any Muslim to degrade another Muslim even with a single word, either in his presence or his absence.

    "O you who believe! Avoid most guesswork (about one another) for, behold, some of (such) guesswork is (in it self) a sin; and do not spy upon one another, and neither allow yourselves to speak ill of one another behind your backs. World any of you like to eat the flash of his dead brother? Nay, you would loathe it! And be conscious of Allah Verily, Allah is an acceptor of repentance, a dispenser of grace!" (Al-Hujurat, 49:12)

    In a Sahih hadith the Prophet (saw) stated:

    If Islam were not as strict in these matters, people would harm each other through accusations, disrespect, aggression, leading to loss of rights and freedom. It is for this reason that Islam enjoins that we should cover up people's mistakes in order to protect the privacy and honor of people. When a person came to the Prophet (saw) reporting the crime of Ma'iz al-Aslami, who later confessed to adultery and was punished, the Prophet (saw) said to the reporter, "It would have been better for you to cover up for him" (Abu Dawud and An-Nisai). The Prophet (saw) also said, "all members of my Ummah are exempt (from punishment), except those who commit sin public". Another hadith states that, "whoever hides the faults of a Muslim in this life, Allah will hide his faults in the Hereafter." (Bukhari and Muslim).

    He also said from his pulpit:

    "You who have accepted Islam with your tongues but whose hearts have not been reached by faith, do not misbehave with Muslims, nor revile them, nor seek out their faults; for he who seeks out the faults of his Muslim brother will have his, faults sought out by Allah, and he whose faults are sought out by Allah will be exposed by Him, even though he is the interior of his house." (Abu Dawud and Tirmidhi).

    The Qur'an also states:

    "Verily those who love that indecency should spread among the believers deserve painful chastisement in the world and the Hereafter. Allah knows, but you do not know." (An-Nur, 24:19)

---answered by Yusuf al Qaradawi.