Conditions for Establishing Qadhf

When the hadd of Qadhf becomes obligatory, four conditions must be met before it can be established: --- **1. The Accused Must Demand It:** The Maqdhuf must demand [punishment for] the Qadhif, and continue demanding until the hadd is established. **Reason:** The hadd of Qadhf is the **right of the Maqdhuf** - it is not established except by his demand, and it drops by his pardon. If he pardons the Qadhif, the hadd drops from him. However, the Qadhif is given ta'zir (disciplinary punishment) to deter him from continuing in forbidden accusations. --- **2. The Qadhif Does Not Bring Proof:** The Qadhif must not bring proof of what he accused - which is four witnesses. **Evidence:** Allah says: "Then do not produce four witnesses - then lash them" [An-Nur: 4]. --- **3. The Accused Does Not Confirm the Accusation:** The Maqdhuf must not confirm and acknowledge what the Qadhif accused him of. If the Maqdhuf confesses and confirms the Qadhif's accusation, there is no hadd - because that is stronger than establishing proof. --- **4. The Qadhif Does Not Perform Li'an (if married to the accused):** The Qadhif must not perform Li'an with the Maqdhuf, if the Qadhif is her husband. If he performs Li'an with her, the hadd drops - as was explained in the chapter on Li'an.