False Allegations

Q: A false allegation of theft was made against a person by another Muslim. A charge was laid against the alleged thief. The police made a full investigation and found the allegation to be false and baseless. In terms of Shariah Law, what course of action is the accused entitled to adopt against his fellow Muslim who accused him unjustly?

A: It is a major sin to accuse someone falsely as appears in the case you mentioned. If indeed one Muslim had accused another of theft which was in reality false, the former has committed a major sin. He had to go to his Muslim brother and seek his pardon. If this information was circulated among people, then the accuser had to publicly announce that the allegation was false and that the accused is innocent. He had to make a public retraction either in writing or verbally. He also has to seek the pardon of his Muslim brother and apologise for bringing his name into disrepute. Then he had to seek the forgiveness of Allah for the sin of slander. Allah Ta’ala states in Surah Ahzaab:(33), verse 58: “Verily those who hurt Muslim males and females with false accusations, they have taken upon themselves great slander and manifest sin” Over and above this there is nothing more to be done. According to Shariah the accused will not be allowed to take legal action and sue his accuser for defamation as kuffar normally do in situations like this. Claiming damages for mental or psychological suffering etc. is not allowed by Shariah. If this was an Islamic country then the slanderer would be physically punished or jailed for the slander. But monetary compensation is not permissible in this case. The accused should make sabr, and in lieu of this, according to hadith, Allah will elevate his status and grant him greater respect. There is no doubt that a great injustice has been done to this person, but he should be careful not to overstep the limits of Shariah lest he becomes the oppressor. Let him not think that his name and reputation have been spoilt, because the hadith promises that when one who has been wronged makes sabr and does not aspire for revenge then Allah Ta'ala grants him greater respect.