AT-TAFAHUM: Journal of Islamic Law
Vol 5, No 1 (2021)

The Concept And Sanctions Of Qodzhaf In Hudud Criminal Law: Hadith Perspective

Pasaribu, M. Amalan (Law firm of Ali Ishak Bayu Nanda and Partner)
Amanina, Pairuz (State Islamic University of North Sumatra)



Article Info

Publish Date
30 Jul 2021

Abstract

This study discusses the hadiths related to the crime of qadzaf (accusing adultery without valid evidence) from the perspective of Islamic criminal law. The background of this study is based on the importance of maintaining individual honor and the widespread phenomenon of accusations without evidence, especially in the digital era. The method used is a library research study with a normative approach, through analysis of authentic hadiths, verses of the Qur'an, and the opinions of scholars. The research stages include data collection, analysis of takhrij hadiths and fiqhul hadith, and drawing legal conclusions. The results show that qadzaf is a major sin and a hudud crime with the main sanction of 80 lashes and rejection of the perpetrator's testimony. In addition, there is a threat of punishment in the afterlife for perpetrators who do not repent. The discussion also emphasizes that in the modern context, accusations of adultery spread through social media can be subject to ta'zir sanctions at the discretion of the judge. Thus, Islamic law aims to maintain the honor of ḥifẓ al-'irdh, prevent slander, and create a just social order.

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