Regarding the above question concerning what the community should do about a person being accused of a major crime, can the accused defend himself? How should the community act towards them? Should we be silent or seek to help him?
Yes, the accused person has every right to defend himself and raise his voice publicly to demand his rights. In fact, taking into account his circumstances, Allah has allowed for such a person what he did not allow for others:
"Allah does not like any evil to be mentioned openly, unless it be by him who has been wronged. And Allah is indeed all-knowing." (An-Nisa, 4:148)It is not allowed for anyone to prevent the accused from defending himself, as this is a natural and legal right; even the cursed Satan was granted the right to argue for himself in front of Allah and say about Adam (as), "I am better than he'' Similarly Allah has granted every person the right to defend himself on the Day of Judgment.
It is the duty of the Muslin community to ensure that the opportunity of defense is granted by all possible means such as speech, writing in newspapers, giving interviews to the radio and TV, especially in the case where the accused is a public figure. It is not allowed in the Shari'ah that he should be left to the mercy of his accusers to unleash a barrage of wild accusations upon him and humiliate him day and night. The members of the society should not remain mere spectators, doing nothing, while the doors of justice are being closed on the innocent, accused person. Such a person cannot defend himself against the heavy arson of his accusers who hold everything and yet have taken every thing from him. However, worse than that, is when people participate in a slanderous campaign by transmitting false information without denouncing it. Allah says:
"Were it not for Allah's bounty and His Mercy unto you in the world and in the Hereafter, a grievous chastisement would have seized you on account of what you indulged in. Just think how wrong you were when one tongue received it from another and you uttered with your mouths something you knew nothing about. You deemed it to be trifle while in the sight of Allah it was a serious matter." (An-Nur, 24:14-15)The Muslim community is one of solidarity and it is unacceptable for it to keep quiet while a respected person stands unfairly accused, or to leave such a person on his own, as whoever keeps quiet while seeing a wrong being committed is like a dumb Satan. Furthermore, when rumours are spread people should be given the benefit of the doubt And such rumours should be considered as lies unless proven otherwise:
"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!' " (An-Nur, 24:12)This is to encourage the society to reject slander and this should be the stance of the believing and caring society Allah says:
"The believers both men and women, are allies of one another" (Al-Tawbah 9:71)In a hadith it is narrated that the Prophet (saw) said:
''The Muslim is the brother of Muslim he neither oppresses him, nor does he fail him.." (Muslim).The phrase 'nor does he fail him' means he does not abandon him, or forsake him especially at a time of severity.
"Help your brother whether he is the oppressor or the oppressed" The people asked him, "Oh Messenger of Allah, we can defend him when he is oppressed, but how can we defend him if he is the oppressor?" He said, "by stopping him." (Bukhari and Muslim).Therefore, it is the duty of the Muslim community to defend the oppressed, regardless of the strength or power of the oppressor. The Prophet (saw) said, "If you see my Ummah afraid of addressing the oppressor as an oppressor, then bid farewell to it." (Ahmad, Tabari and Al-Hakim).
It is the duty of every Muslim who heard something wrong about his brother Muslim knowing that it is not rtue to defend him and his honour, as in hadith which says:
"Whoever protects the honour of his brother, Allah will protect his face from hell on the Day of Judgment." (Ahmad and Tirmidhi).---answered by Yusuf al Qaradawi