Dr. Jameel: Defamation charges cannot be brought unless there is a direct accusation of adultery
Dr. Mohamed Jameel Ahmed has stated that to prove the offense of Qazf (false accusation of adultery), the allegation of fornication must be made directly or in a manner that conveys a clear and unambiguous meaning. Noting that accusing someone of various other crimes does not constitute Qazf, he emphasized that such a charge cannot be established based on the subjective perceptions or assumptions of a third party. Consequently, Jameel clarified that the offense of Qazf is only applicable when an absolute and explicit allegation of adultery is leveled against an individual.
Former Vice President Dr. Mohamed Jameel Ahmed speaking during Raajje TV's "TV Talk" program. | Raajje MV
Former Vice President Dr. Mohamed Jameel Ahmed has stated that a charge of slander (Qazaf) cannot be established against an individual based on indirect remarks or insinuations, unless a direct accusation of adultery is made.
Speaking on Raajje TV’s "TV Talk" program, Dr. Jameel provided detailed legal and Shari’ah-based insights into the definition of the offense of Qazf (false accusation of adultery) and the legal standards required for its conviction.
Dr. Jameel stated that false accusation of adultery is a strictly defined offense under Islamic Shari’ah and is categorized as one of the crimes for which a Hadd punishment is prescribed. According to Dr. Jameel, while Qadhf can be committed through both direct and indirect implications, the specific meaning must be clear regardless of the method used. He emphasized that it must be certain that the individual is being accused of adultery; otherwise, the offense of Qadhf cannot be legally established based on ambiguous language.
An accusation of slander (Qazaf) cannot be established unless it is a direct allegation of adultery; vague or indirect statements surrounding the matter do not constitute the offense. Therefore, this is a critical distinction. To define or prove slander against an individual, it must be established that the words spoken directly targeted the victim. This is proven either through the testimony of those who heard the statement or, more clearly, through a direct confession by the accused.Former Vice President Dr. Mohamed Jameel Ahmed
Providing further clarification, he stated that to establish the offense of slander, the statement must be clearly understood by the listener. He noted that the offense is proven through direct language, such as explicitly calling someone an "illegitimate child."
However, Jameel stated that a charge of slander cannot be established based on mere suspicion or hearsay. He further noted that while the Maldives Penal Code and special statutes define various sexual offenses, accusing someone of different degrees of sexual misconduct does not, in itself, constitute the crime of slander.
Dr. Jameel further clarified that the offense of the accusation of slander is only established when an individual is explicitly and unequivocally accused of committing adultery. He reiterated that this is a firmly established principle clearly defined within Islamic Shari’ah.
