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The question

Is it permissible for the one accused ofzina(or sodomy) to accuse his accuser?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

Qadhf (slanderous accusation) is the act of accusing someone of zina (unlawful sexual intercourse) or liwat (sodomy). It is a major sin for which Allah has promised punishment to the perpetrator, and He has counted them among the fasiqoon (defiantly disobedient). This applies whether the slandered person is male or female.

Allah the Almighty says: "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, and those are the defiantly disobedient."

And on the authority of Abu Hurayrah, may Allah be pleased with him, that the Prophet, peace and blessings be upon him, said: "Avoid the seven destructive sins." And among them, he mentioned: "And slandering chaste, believing women who are unaware [of the accusation]."

It is permissible for a person to respond to someone who insults them with a similar insult, unless the response involves aggression and exceeding limits. Allah the Almighty says: "So whoever has assaulted you, then assault him in the same manner that he assaulted you."

However, if the aggression was through an insult that constitutes takfir (declaring someone an apostate) or qadhf (slanderous accusation), it is not permissible to respond to the aggressor with a similar insult or accusation, because it is inherently forbidden due to Allah's right. Shaykh al-Islam Ibn Taymiyyah said: "As for if it was of a forbidden type, such as declaring him an apostate or lying about him, he is not allowed to declare him an apostate or lie about him."

Accordingly, if someone slanders a person, the slandered individual has the choice between demanding their legal right through the judiciary, or reserving their grievance for the Day of Judgment, or forgiving and overlooking.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
191602
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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