will be forbidden Paradise.” An even stronger warning is authentically reported from Abū Dharr, who narrated that the Prophet, may Allah bless him and grant him peace, said:
“Whoever knowingly claims descent from someone other than his father is not one of us and has committed disbelief. Whoever claims what is not his is not one of us; let him take his seat in the Fire. Whoever accuses a man of disbelief or calls him an enemy of Allah, when he is not so, has that accusation return upon himself.”
This is an extremely stern warning, warranting a severe punishment of a hundred lashes or the like. Moreover, she deceived the witnesses and caused them to draw up invalid contracts, and she entered into an invalid marriage. The majority of scholars hold that marriage without a guardian is invalid. Following the example of ‘Umar ibn al-Khattāb, may Allah be pleased with him, they impose discretionary punishment on those who do this. This is the position of al-Shāfi‘ī and others. Indeed, some of them impose the prescribed punishment in such cases, whether stoning or otherwise.
Even those who permit marriage without a guardian, either unconditionally or in the city, do not permit it in this manner, involving a false claim of lineage and the appointment of an illegitimate guardian. Thus, Muslims agree that this woman should be punished. She should also be punished for her lies, including the claim that he had previously been her husband and had divorced her. The husband should also be punished, as should the man who claimed to be her brother: he should be punished for these two suspect acts.
As for those who vouched for their identities, they should be punished for their false testimony concerning her lineage, the marriage and divorce, and the absence of an available guardian. Their punishment should be particularly severe. The jurists have expressly stated that a false witness’s face should be blackened, on the basis of what has been reported from ‘Umar ibn al-Khattāb