—unless it be trade conducted by mutual consent among you.’ (4:29).
Honour, too, is inviolable. It is unlawful for a Muslim to backbite his brother or to hurl accusations at him. If someone slanders a chaste person who is above suspicion by saying, “O adulterer,” “You are an adulterer,” “You are a sodomite,” or similar words, he must either produce four witnesses who testify explicitly to the act of fornication, or else he is liable to three punishments:
- He is to be flogged eighty lashes.
- His testimony is never again accepted; whenever he appears before a judge—whether concerning property, blood-cases, the sighting of the new moon, or anything else—the judge must reject it.
- He is branded an open sinner (fāsiq) after having been deemed upright. Consequently, according to many jurists, he may not give his daughter or sister in marriage, may not lead the Muslims in prayer, and may not hold any public office, for he has become morally corrupt. Such is the penalty for anyone who accuses another of fornication or sodomy
—unless he brings four witnesses. Allah the Exalted says, ‘Why did they not produce four witnesses? And when they failed to produce the witnesses, they are, in Allah’s sight, the liars.’ (24:13). Even if the man were known as the most truthful of people, if he does not present four witnesses he is to be flogged eighty lashes.
For this reason, when four men testified before ʿUmar ibn al-Khaṭṭāb that a certain man had committed adultery, ʿUmar summoned them and questioned them. He asked the first, “Do you testify that he committed adultery?” He replied, “Yes.” ʿUmar continued, “Do you testify that you saw his organ fully inserted into her private part, just as a kohl-stick disappears into its container?” He answered, “Yes.” He then called the second, who likewise said, “Yes.” He brought the third, who also said, “Yes.” He then brought