And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient, Quran.com/24/4

Via that verse, it seems that the punishment for accusing a chaste woman of fornication or adultery without witnesses is 80 lashes.

My question is, as bad as fornication/adultery is, it's no where near as bad as rape. So, what is the punishment if:

  1. Someone accuses a man of raping someone without any proof (even if the doctors say that there is no such evidence)

Sunni > Hanafi views please.


1 Answer 1


The condition according to sharia requires verification and as you have mentioned the verse; four witnesses should be put forth for accusing, failure to do so qualifies the acusee as free from blame. If four witnesses are put forth their truthfulness is to be checked, anyone among them if indulging in wrong practices, his witness is null in such a case. If any of the witnesses has/had lied then he will be punished with 80 lashes as said in the verse.

Now the condition you added in brackets, is a plus point and the doctor can act as a strong witness. He the doctor then can involve his colleagues involved in testing procedure as other witnesses.[fulfilling the condition for 4 witnesses]

Rape is delibrate violation of a fems chastity, personal space and human rights. It is generally included in the same category as zina (adlutery and fornication). If one cannot prove his/her innocence then you have the following three verses in the same sura

Sura Nur - The light (24)

(Verses 8 - 10)

  1. But it will prevent punishment from her if she gives four testimonies [swearing] by Allah that indeed, he is of the liars.
  2. And the fifth [oath will be] that the wrath of Allah be upon her if he was of the truthful.
  3. And if not for the favor of Allah upon you and His mercy... and because Allah is Accepting of repentance and Wise.

The ninth verse puts it simple, let the accuser testify by the name of Allah!

According to Hadith

'Ubada b. as-Samit reported: Allah's Messenger as saying: Receive teaching from me, receive teaching from me. Allah has ordained a way for those women. When an unmarried male commits adultery with an unmarried female, they should receive one hundred lashes and banishment for one year. And in case of married male committing adultery with a married female, they shall receive one hundred lashes and be stoned to death.(Sahih Muslim 17:4191)

I found only this Hadith to be closely relating to this question

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