INTRODUCTION
Qazf is accusing falsely a virtuous man or woman of adultery. The right of reputation is a sacred right and is well preserved by the Quran which casts a duty on the person against whom a false case of adultery or commission of Zina has been brought to bring to the direct action of prosecution against the complainant under Qazf when the allegation is proved false.
MEANING OF QAZF
Literal Meaning: The literal meaning of Qazaf is throwing out”
In Legal Sense: Qazf is insinuating a charge of prostitution against a married man or woman. The person acting is termed the “Qazif” or “Slanderer”. The man or woman so scandalised the “Makzoof” or “Slandered”.
DEFINITION OF QAZF
Under Section 3 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979:
Whoever makes or publishes an imputation of zina concerning any person either by words spoken or written or by signs or visible representations with the intention of harming the reputation or hurting the feelings of such person is said to commit qazf. But if the imputation of zina is true and made or published for the public good, it does not fall under the ambit of Qaz.
ESSENTIAL INGREDIENTS OF QAZF
Following are the essential ingredients of Qazf.
1. Imputation of Zina
To constitute Qazt, it is necessary that there be an imputation of zina by one person against another
2. Accusation must be False
Qazf can be established only when the accusation of zina is totally false if the accusation of zina is proven to be true and made for the public good, it does not constitute qazf.
3. Clear and Unambiguous Words
The allegation of zina should have been made in clear words having no ambiguity.
4. Mode of the Imputation of Zina
It is not necessary that a direct allegation of zina should be expressly made against a person to bring the person making that allegation within the mischief of qazf but a person would be liable to punishment for such offence even if he had made any imputation of zina by words spoken, written or published, by signs or by any sort of visible representations.
5. Harm to the Reputation of Makzoof
The intention behind making the imputation of zina should be to harm the reputation of Makzoof. But even if the imputer does not actually intend to harm the reputation of a person but he has reasons to believe that such imputation will harm the reputation or hurt the feelings of that person, he falls within the ambit of the definition of qazf.
KINDS OF QAZF
According to Section 4 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979, there are two kinds of Qazf. They are as follows
A) Qazf liable to Hadd
B) Qazf liable to Tazir
A) QAZF LIABLE TO HADD
According to Section 5 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979;
When an adult intentionally and clearly commits qazf of zina liable to hadd against a person who is sane and an adult Muslim never having such sexual intercourse with anyone except his lawfully wedded spouse, such a deliberate qazf of zina liable to hadd against such a virtuous sane Muslim is qazf liable to had?
1. PROOF OF QAZF LIABLE TO HADD:
According to Section 6 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979; Qazf is liable to Hadd shall stand proved in the following ways:
- When the offender confesses his quilt before a court of competent jurisdiction
- When the offender makes an imputation before the court
- When at least two Muslim adult male witnesses give direct evidence in this regard before the court and the court is satisfied after Tazkiyal-al-Shuhood that the witnesses are truthful and abstain from major sins
2. PUNISHMENT OF QAZF LIABLE TO HADD:
According to Section 7 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979;
- The person who commits qazf is liable to hadd and his offence stands proved and confirmed by the appellate court as well shall be punished with Whipping numbering eighty strips
- Besides, after such conviction of a person for the offence of qazf liable to hadd his evidence no longer remain admissible in any court of law
3. RIGHT TO FILE A COMPLAINT AGAINST QAZF
According to Section 8 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979;
The complaint can be made by the person himself in respect of whom qazf has been committed or any person authorised by him. In case the person against whom qazf has been committed is dead, any of his ascendants or descendants can file a complaint against qazf on his behalf.
4. HADD SHALL NOT BE IMPOSED OR ENFORCED
Under Section 9 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979; Hadd for qazf shall not be imposed in the following cases.
- When a person commits qazf against any of his descendants.
- When the makzoof and the complainant died during the pendency of the proceedings.
- When the imputation has been proven to be true
- When the complainant withdraws his allegation or states that the accused made a false confession.
- When the number of witnesses is less than two.
B) QAZF LIABLE TO TAZIR:
According to Section 10 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979;
Qazf liable to Ta’zir is constituted when it is not liable to hadd, or for which evidence is not available in any prescribed forms or for which hadd may not be imposed.
1. PUNISHMENT FOR QAZF LIABLE TO TAZIR:
According to Section 11 of the Offence of Qazf (Enforcement of Hudood) Ordinance, 1979;
The punishment for qazf liable to tazir may extend to
-
- Two years imprisonment simple or rigorous
- With whipping not exceeding forty strips
- Also with fine
CONCLUSION
To conclude that qazf is a false allegation of zina against a person made by words spoken or written or by any deliberately visible representations. The object of Islamic injunctions as to qazf is to check slanders or scandalous suggestions of zina about men and women if sufficient evidence could not be produced to prove the allegation of zina.
FAQs
What in Qazf liable to Hadd? What is the method of Proof envisaged and state the cases in which Hadd shall not be enforced?
(2017-S)
What is Qazf? When is it liable to Hadd and how it is proved?
(2016-A)
Define the term Qazaf. Discuss the method of proof of Qazf that is liable to ‘Hadd’. Also, state the cases in which ‘Hadd’ shall not be imposed or enforced.
(2010-S)
