I am a religiously-committed young woman, praise be to Allaah. There was a problem between me and my husband – from whom I have a daughter –as the result of which I went to my father’s house. He had doubts about me and accused me with regard to my honour without any convincing reason, then he apologized, then he accused me again. That happened several times, which made me certain that he was afflicted with waswaas (whispers from the shaytaan). I could no longer bear it, so I went to my family. After I went to them, I stayed with them for four months, during which my husband only became more stubborn and insistent upon his position, without any proof or evidence against me. After that my brother went to him to try to work things out, but he insisted on his position, and asked me to repent, and the matter got worse. He spoke ill of my father and how he had raised me. At that point my brother and my father
insisted that he should divorce me, otherwise they would refer our problem to the courts, and he would have to prove his accusations against me. My husband asked for half of the mahr in return for divorcing me, but after a while he divorced me without us giving him anything, and he kept quiet about that, and did not ask for the money again.
Now Allaah has compensated me with another husband who is religiously committed, praise be to Allaah. My second husband has pointed out to me that I may owe some money to my first husband. Because I am afraid of doing something haraam and consuming people’s wealth and taking away their rights, I hope that you can advise me with regard to this matter. Please note that I do not have this money, and I do not ask him for any expenses for his daughter, but he sends some to her sometimes, and sometimes he does not send her anything. Does he have any right to my wealth?
May Allaah reward you with good.
Praise be to Allaah.
For a husband to slander his wife and accuse her with regard to her honour is a major sin, which incurs a hadd punishment and means that his testimony is to be rejected. He has to bring shar’i evidence to prove the accusation, or else engage in li’aan.
Ibn Qudaamah (may Allaah have mercy on him) said:
If he slanders his chaste wife then he is subject to the hadd punishment, and he is ruled to be a faasiq (evildoer) whose testimony is to be rejected, unless he brings proof or engages in li’aan. If he does not bring four witnesses or he refuses to engage in li’aan, then all of that applies to him. This is the view of Maalik and al-Shaafa’i.
This is indicated by the verse in which Allaah, may He be exalted, says (interpretation of the meaning):
“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)”
This is general in meaning and applies to the husband and others. With regard to the husband in particular, his li’aan may take the place of testimony in order to cancel out the hadd punishment, judgement of being a faasiq and rejection of his testimony.
Also, the Prophet (peace and blessings of Allaah be upon him) said: “(Bring) proof, or else the hadd punishment will be on your back.” And he said when he conducted the process of li’aan: “The punishment in this world is easier to bear than punishment in the Hereafter.”
Because he has slandered (his wife), the hadd punishment should be carried out on him if he admits to lying; therefore the hadd punishment is due unless he brings the proof required by sharee’ah, as is the case with any other man.
Based on this, what the husband must do is fear Allaah with regard to himself and his wife, and he should refrain from bad talk. Speaking against his wife is an attack on his own honour. He must also declare himself to be a liar by asserting his wife’s innocence of what he has fabricated against her. If he does not do that, then he deserves what Allaah has decreed for those who do that, namely the hadd punishment, rejection of his testimony and being judged to be a faasiq, and she has the right to demand that he divorce her, and he should give her her rights in full. Continue reading