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:

What should wife do if blamed?

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,

Burhan