Insult. Qazf Punishable by Ta’zir
Section 14. Insult: Qazf Punishable by Ta’zir
Qazf punishable by Ta’zir occurs when:
- An actor intentionally, knowingly or recklessly, makes an unambiguous false accusation against another of committing any crime other than Zina, bestiality, Act of the People of Lut; or
- An actor intentionally, knowingly or recklessly makes derogatory remarks against another regardless of whether the degradation is based on fact or is false so long as the derogatory remark objectively inflicted emotional harm to the victim; or
- An actor intentionally, knowingly or recklessly, falsely accused an insane person, a minor or a non-Muslim of committing Zina, bestiality, Act of the People of Lut, or being born of unmarried parents.
Section 14.1 Qazf Punishable by Ta’zir Punishment
Qazf punishable by Ta’zir is punished by a fine not less than… and not exceeding … and/or imprisonment for a term not less than ….and not exceeding…
Explanatory Notes
In section 14(1,) scholars require the falsehood of the allegations of Zina, bestiality or the Act of the People of Lut for conviction. If the allegations of Zina, bestiality or the Act of the People of Lut are truthful, no crime is committed even though the allegations may have caused emotional harm.
In section14(2), a remark is considered derogatory if society, in general, considers it derogatory. The standard of liability is purely objective. The societal perspective is determinative in considering a remark derogatory.
Section 14(3) addresses a variety of incidents including those where the specific requirements of Qazf punishable by Hadd offense are not satisfied.
The mental element required for conviction can be either intentionally – i.e. the actor desired making the false accusation or the derogatory remark and desired its negative effect-, knowingly – i.e. the actor was aware that he was making a false accusation or derogatory remark but may not desire the particular subsequent effect -, or recklessly – i.e. the actor was not sure about the accuracy of the accusation but nevertheless made it and thereby took an unjustifiable risk.
