Tafsir of Surah An-Nur - Verse 5

The Prescribed Punishment for slandering Chaste Women

This Ayah states the prescribed punishment for making false accusations against chaste women, i.e., those who are free, adult and chaste. If the person who is falsely accused is a man, the same punishment of flogging also applies. If the accuser produces evidence that what he is saying is true, then the punishment does not apply. Allah said:

ثُمَّ لَمْ يَأْتُواْ بِأَرْبَعَةِ شُهَدَآءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلاَ تَقْبَلُواْ لَهُمْ شَهَادَةً أَبَداً وَأُوْلَـئِكَ هُمُ الْفَـسِقُونَ

(and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the rebellious.) If the accuser cannot prove that what he is saying is true, then three rulings apply to him: (firstly) that he should be flogged with eighty stripes, (secondly) that his testimony should be rejected forever, and (thirdly) that he should be labelled as a rebellious who is not of good character, whether in the sight of Allah or of mankind.

Explaining the Repentance of the One Who makes a False Accusation

Then Allah says:

إِلاَّ الَّذِينَ تَابُواْ مِن بَعْدِ ذَلِكَ وَأَصْلَحُواْ فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ

(Except those who repent thereafter and do righteous deeds; (for such) verily, Allah is Oft-Forgiving, Most Merciful.) This exception refers to the second and third rulings mentioned above. The flogging has been carried out regardless of whether he repents or persists, and after that there is no further punishment, as is agreed among the scholars. If he repents, then his testimony may be accepted, and he is no longer to be regarded as a rebellious. This was the view of Sa`id bin Al-Musayyib -- the leader of the Tabi`in -- and also a group among the Salaf. Ash-Sha`bi and Ad-Dahhak said, "His testimony cannot be accepted even if he does repent, unless he himself admits that he said something false, in which case his testimony may be accepted." And Allah knows best.

إِلَّا الَّذِينَ تَابُوا مِن بَعْدِ ذَٰلِكَ وَأَصْلَحُوا فَإِنَّ اللَّـهَ غَفُورٌ‌ رَّ‌حِيمٌ

Except those who repent afterwards and mend their ways; then, Allah is All-Forgiving, Very-Merciful. (24:5)

Those who have been punished for false accusation of adultery, if they beg pardon and improve their habits, so that there is no risk of repetition of falsehood from them and also obtain forgiveness from one they had accused, then Allah Ta’ ala grants forgiveness and is Merciful.

This exemption, that isإِلَّا الَّذِينَ تَابُوا refers to only the last sentence of the previous verse according to Imam Abu Hanifah (رح) and some other Imams, which is وَأُولَـٰئِكَ هُمُ الْفَاسِقُونَ (24:4). So, with this exemption it means that the one who is punished for false accusation is a sinner, but if he repents with sincerity and improves himself after obtaining forgiveness from the one he had falsely accused, then he will no longer remain a sinner, and his punishment will be pardoned in the Hereafter. In other words the two punishments meant for this world, which are referred in the beginning of the verse, that is eighty stripes and inadmissibility of his evidence, will remain despite the repentance. It is because the big punishment of stripes has already been executed and the second punishment is part of hadd. All scholars are unanimous on the point that repentance does not remit punishment of hadd, only the torment of the Hereafter is pardoned. Since inadmissibility of the evidence is part of hadd, it will not be remitted by repentance. Imam Shafi'i (رح) and some other Imams have taken this exemption toward all the sentences of the previous verse, which means that as one does not remain sinner after repentance, hence he would also not be debarred from giving evidence. Jassas and Mazhari have provided arguments on both sides - Those interested may consult them.

If adultery is declared a serious crime, it follows, logically, that falsely accusing a person of adultery must be considered a serious crime too. Therefore, it is laid down that one who accuses another of adultery without being able to prove it, (as prescribed by the rules of the Islamic law), should be whipped eighty times. Moreover, his evidence should be treated thereafter as entirely unacceptable, and, according to the Hanafi School of jurisprudence, the evidence of such a transgressor may never again be legally accepted, even if he repents. Levelling false allegations against anyone is, in fact, an attempt at moral assassination. Severe punishments are prescribed in Islam for such an offence. Even if a wrongdoer escapes punishment in this world, he cannot in any case escape punishment in the life Hereafter, unless he repents and seeks God’s pardon.