Defamation revisited and the concept and punishment of aI-Qadzf

Md Sham, Amiruldin and Yusof, Mohd Sabri (2009) Defamation revisited and the concept and punishment of aI-Qadzf. In: Prosiding Kolokium 2008 - 2009, Universiti Teknologi MARA Pahang.
Abstract

Freedom of expression is not without limit, One frontier that exists in the conventional law and also in the Sharie tenet is in relation to defamation and al-Qadzf. All Man and Muslims are supposed to guard the honour and dignity of a fellowman and not bare the hidden failings of any other. This duty must be held sacred by all in preserve of social order. In Sharie if one accuses a Muslim of adultery but cannot prove it by producing four witnesses who have seen 'the act being committed at the exact time and at the same place, the accuser will be punished with eighty stripes. He will be considered a fasiq and, as such, his evidence will no longer be accepted whenever he comes forth to do so. This is so in view of the destructive effects it has on the family and livelihood of those affected. It brings about social disharmony, disrepute and shame.

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