The Ocean of the Quran

A verse by verse explanation of The Ultimate Scripture

Al-Nūr – Verse 4

وَالَّذينَ يَرمونَ المُحصَناتِ ثُمَّ لَم يَأتوا بِأَربَعَةِ شُهَداءَ فَاجلِدوهُم ثَمانينَ جَلدَةً وَلا تَقبَلوا لَهُم شَهادَةً أَبَدًا ۚ وَأُولٰئِكَ هُمُ الفاسِقونَ

As for those who accuse honourable women and do not bring four witnesses, strike them eighty lashes, and never accept any testimony from them after that, and they are transgressors.

EXEGESIS

Yarmūna (accuse) comes from ramy, originally meaning to lob or shoot a stone or an arrow or something similar. It can also be used in the figurative sense of accusing someone of a crime or sin, probably because such accusations may wound a person figuratively, just like a thrown stone may wound them physically.[1]

Muḥṣanāt (honourable women) is the feminine plural of muḥṣanah. Muḥṣanah can be used for a person who is chaste, like in the verse, And Mary, daughter of ʿImrān, who guarded the chastity (aḥṣanat) of her womb (66:12), or it can be used for a person who is married, as in, But on marrying (uḥṣinna) (4:25). It is also used for free women as opposed to slave women (5:5). It comes from iḥṣān, meaning to protect or guard something (lit. to prevent or withhold something); for example a fortress is called a ḥiṣn.[2] The muḥṣanah is therefore a woman who either protects her chastity, or is guarded via her marriage, or protected from slavery.[3]

Fāsiqūn (transgressors) comes from fisq, which originally means to leave or go out into that which is harmful. It is said to originally refer to a camel that strays from the path.[4] Here it means one who has exceeded the boundaries set by God.

EXPOSITION

This verse lays out the ruling for what is known in Arabic as qadhf, or slanderous testimony regarding another person’s chastity, either by accusing them of zināʾ (fornication/adultery), or homosexuality (lawāṭ), or something along those lines. As the previous verses explained the extreme reprehensibility of zināʾ and the strict punishment for it, this verse now makes it clear that spreading rumours and levelling false accusations about this matter is not to be taken lightly either. False accusations of unchaste behaviour can ruin people’s lives and should not be done without sufficient evidence. The ruling of this verse acts as a deterrent, so that people do not speak ill of others lightly or intrude into their personal lives.

The Quran lays out three punishments for the act of slanderous testimony; the first being a corporal punishment of eighty lashes, the second a social punishment of all their testimonies being disregarded and being considered untrustworthy, the third a religious punishment of being considered transgressors in the eyes of God.[5]

As for those who accuse: while the verse does not specify the nature of the accusation, it is clear from the context that it means slandering their chastity.[6] In addition to the context, the specification of the slander being directed at honourable women also tells us that the slander has to do with chastity.[7] Some have said this omission is done by way of respect, so that the Quran does not even indirectly bring up the issue of zināʾ in relation to chaste women.[8] More likely though is that it is obvious from the context and needs not be specified.

Honourable women: this is an interesting phenomenon of the Quran, as usually in Arabic the masculine is used to refer to a mix of the two genders, but on some occasions, like here, the feminine is used.

Although the verse talks about women, the same ruling applies for those who accuse men.[9] Probably the verse mentions women specifically since to be accused of unchasteness often entails more hardship for a woman.[10] Specifically mentioning women also acts as an introduction to the event of ifk discussed in verses 11-19.

And do not bring four witnesses: as we mentioned earlier, the very stringent criteria of four witnesses for the act of zināʾ sets a very high evidentiary bar for its establishment. This means that essentially it is to prevent that sin from being practiced publicly and unashamedly.

Witness in this regard means a person who has seen the very act of penetration itself. As such, assumption is not enough, nor is it enough to simply see them together alone somewhere or even in one bed. The witnesses should have the general conditions regarding a witness, as mentioned in jurisprudential works. Additionally, all witnesses must give a similar account of at least when and where this happened. If they disagree amongst each other, they will then be punished for slander as laid out in this verse.[11]

It is irrelevant whether or not their testimony is true in reality, if they disagree, or are less than four. It is irrelevant in the eyes of the Islamic judge, the Muslim community, and even God Himself, as He later declares: Why did they not bring four witnesses to it? So if they did not bring the witnesses, they are liars in Allah’s sight (verse 13). This is very significant, as one cannot simply cling to the notion that what they are saying is true and that they are simply speaking the truth. If one witnesses two people committing the sin of zināʾ, and they are not accompanied by three other witnesses, they should keep quiet about it. Of course, in certain cases (such as rape), it may be that the victim has no choice but to accuse someone without having recourse to four witnesses. In this case the victim must produce evidence for their claim if they are to avoid punishment themselves. In such cases, other types of evidence are sought by the judge. There are unfortunately many examples of rapists going unpunished due to lack of evidence, as well as people being wrongly punished for false accusations of rape. There is a difficult balance here that must consider both the possibilities, whether the victim of rape is saying the truth, or if they are falsely accusing someone. In either case, it is possible that an innocent person might suffer if the court is misled.

The punishment for slander can also be applied (albeit perhaps in a lesser fashion) for indirect insinuation attacking a person’s chastity, such as saying to one’s bride, ‘you are not a virgin’, or saying to one’s child, ‘you are not my offspring’, or to say to someone else’s child that their father is actually someone else, and so on.[12]

The jurists have also qualified that in order for a person to be punished for slander they should intend it as slander, meaning they should be sane, adult (although a discerning child can still be reprimanded), and do so out of their own free will.[13]

The punishment for slander is also forgone in some other cases, for example if the slandered person forgives the slanderer,[14] or if they admit to the act, or if they undergo the process that is outlined in verses 6-9 of this surah.[15] If two people slander each other then the punishment is forgone, but they are subject to discretionary punishment. This means that one should never answer slander with similar slander, but rather if they wish they should complain to the court.[16]

Strike them eighty lashes: meaning each one of those witnesses should be struck eighty lashes.[17] For some discussion on the striking of the lashes see the commentary on verse 2. Like in verse 2, the command to strike lashes is in the plural and refers to the responsibility of the Muslim community and its rulers. The punishment prescribed is almost as severe as the punishment of zināʾ, highlighting how reprehensible and terrible it is to falsely slander another person.

Noteworthily, such strict rules are not prescribed for cases of murder or theft. So, for example, if there is only one witness for such an act, the witness would not be punished. This is probably due to different reasons, such as the fact that many people are often far too quick to speak ill of the chastity of others, whereas accusations of things like murder are not done as lightly,[18] that those crimes generally produce more physical evidence (and so it is not as easy to make a baseless accusation), and that it is important that witnesses in such cases should not be afraid to come forth.

And never accept any testimony from them after that: this pertains to any testimony, not just about cases related to zināʾ, however, their testimony may later be accepted as per the exception mentioned in the next verse.

And they are transgressors: slander is transgression even when the accusers are speaking the truth but they are less than four. It becomes doubly so and a great transgression when it is a false accusation.[19]

In the end, we may note that the philosophy for the prohibition of slander is like the philosophy for the prohibition of zināʾ: it is designed to preserve the family unit. Just like zināʾ tears down families and the family unit, so can slander cause problems in relationships and break apart families.[20]

INSIGHTS FROM HADITH

  1. From Ibrāhīm ibn al-ʿUmar al-Yamānī, that Imam al-Ṣādiq (a) said: ‘When a believer slanders his brother, faith dissolves away in his heart like salt dissolves in water.’[21]
  2. From Hasan al-ʿAṭṭār, that he asked Imam al-Ṣādiq (a) about a man who slandered a group of people. The Imam asked him: ‘Did he say it in one pronouncement?’ He replied in the affirmative, so the Imam said: ‘One ḥadd punishment will only be carried out on him, however if he slandered them individually, he will be lashed for each one.’[22]
  3. It is reported that Imam al-Riḍā (a) wrote in a letter to Muhammad ibn Sinān: ‘The reason that the slanderer and the one who imbibes wine are both punished eighty lashes is that the slander denies children their rightful parents and cuts off progeny and destroys lineage, so too the one who imbibes wine because when he drinks he will speak nonsense, and when he speaks nonsense he will make up lies and slanders, and the slanderer should be punished.’[23]
  4. From Abū Maryam al-Anṣārī, that he asked Imam Bāqir (a) about a boy who has not reached puberty and slanders a man, should he be lashed? The Imam replied: ‘No, and vice versa if a man slanders a boy he is not lashed.’[24]

INSIGHTS FROM OTHER TRADITIONS

  1. In Rabbinical law the punishment for slandering a woman’s chastity has been described followingly: ‘The punishment imposed upon one who defames a woman’s character is that he shall fast three days – two successive Mondays and the intervening Thursday – sitting barefooted in front of the synagogue, and shall from the almemar and before the congregation implore the forgiveness of the one slandered.’[25]
  2. Whoever slanders his neighbour secretly I will destroy. Whoever has a haughty look and an arrogant heart I will not endure.[26]
  3. You shall not bear false witness against your neighbour.[27]
  4. You shall not spread a false report. You shall not join hands with a wicked man to be a malicious witness.[28]
  1. A single witness shall not suffice against a person for any crime or for any wrong in connection with any offense that he has committed. Only on the evidence of two witnesses or of three witnesses shall a charge be established. If a malicious witness arises to accuse a person of wrongdoing, then both parties to the dispute shall appear before the Lord, before the priests and the judges who are in office in those days. The judges shall inquire diligently, and if the witness is a false witness and has accused his brother falsely, then you shall do to him as he had meant to do to his brother. So you shall purge the evil from your midst.[29]
[1] Nemuneh, 14/372.
[2] Tantawi, 10/85.
[3] Raghib, p. 239; Razi, 23/323.
[4] Tabari, 15/170.
[5] Tantawi, 10/86.
[6] Mizan, 15/81.
[7] Tantawi, 10/85.
[8] Nemuneh, 14/372; Sharawi, p. 10203.
[9] Tabrisi, 7/199; Razi, 23/324; Mizan, 15/81.
[10] Tantawi, 10/85.
[11] Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/154, 302; Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/461.
[12] See for example Zamakhshari, 3/213; Razi, 23/320; Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/472-473. Some scholars have said that in case of insinuation the slanderer is not subject to ḥadd, but rather discretionary punishment (taʿzīr). See for example Nemuneh, 14/375.
[13] See for example Zamakhshari, 3/213; Baghawi, 3/382; Ṭūsī, al-Mabsūṭ (N.p.: al-Maktabah al-Murtaḍawiyyah, 1351 AHS), 8/16; Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/413-415; Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/474.
[14] Some have argued that this is only possible up to the time of them coming to give their witness. Even then they can be warned to retract their testimony up until the time of punishment (Zamakhshari, 3/214).
[15] Imam Khomeini, Taḥrīr al-Wasīlah (Tehran: Muʾassasat Tanẓīm wa Nashr Āthār al-Imām al-Khumaynī, 1434 AH), 2/476; Ṭūsī, al-Mabsūṭ (N.p.: al-Maktabah al-Murtaḍawiyyah, 1351 AHS), 7/248.
[16] Nemuneh, 14/375-376. See also Najafī, Jawāhir al-Kalām (Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 AHS), 41/431.
[17] Tibyan, 7/408.
[18] Nemuneh, 14/373.
[19] Razi, 23/343.
[20] Nemuneh, 14/376.
[21] Kafi, 2/361; Wasail, 12/302, h. 16359.
[22] Kafi, 7/209-210; Istibsar, 4/227, h. 851; Tahdhib, 10/69, h. 256; Wasail, 28/192, h. 34538.
[23] Uyun, 2/104. This same report is also from Imam Ali (a) in Kafi, 7/215; Tahdhib, 10/90, h. 346; Ilal, 2/539.
[24] Kafi, 7/205; Istibsar, 4/233, h. 879; Tahdhib, 10/68, h. 251; Nur, 3/575.
[25] Wilhelm Bacher and Judah David Eisenstein, ‘Slander’ in Jewish Encyclopedia. Accessed at: https://www.jewishencyclopedia.com/articles/9943-libel-and-slander.
[26] Psalms 101:5.
[27] Exodus 20:16.
[28] Exodus 23:1.
[29] Deuteronomy 19:15-21.