If Conditions for Qaâ€af are Absent
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If Conditions for Qaaf are Absent
Even if the necessary conditions are not present in the accused it is still HarÄm to associate him with adultery or sodomy. In this case the slanderer is reprimanded. However if some one calls a Muslim ‘bastard’ it does not imply that he is born of adultery. It could also imply that he was conceived when his mother was having a menstrual discharge. In such a condition it is HarÄm for his father to perform the sexual act and the child conceived during this time is also a child of sin. In the same way if someone calls another, indecent or ‘evil doer’, the accusation of adultery and sodomy is not proved. However he could be punished lightly or reprimanded for insulting a person.
Similarly if a Muslim accuses falsely a Kafir of adultery or sodomy, the penalty of qazaf does not apply. Yet it is HarÄm to associate even a Kafir with adultery and sodomy. It is not permissible to make such a statement in unequivocal words or to allude to it. But if it is established that he has committed adultery even from the point of view of his own faith, then it is allowed to associate him with it.