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Hadith 35370
Malik related to me from Abu'z-Zinad that he said, ''Umar ibn Abd
al-Aziz flogged a slave with eighty lashes for slander."
Abu'z-Zinad said, "I asked Abdullah ibn Amir ibn Rabia about that. He
said, 'I saw Umar ibn al-Khattab, Uthman ibn Affan, the Khalifs, and
so on, and I did not see any of them flog a slave more than forty
lashes for slander.' "
Muwatta Malik Book 41, Hadith 18
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Malik said, "The position with us about a woman who is found to
be pregnant and has no husband and she says, 'I was forced,' or she
says, 'I was married,' is that it is not accepted from her and the
hadd is inflicted on her unless she has a clear proof of what she
claims about the marriage or that she was forced or she comes bleeding
if she was a virgin or she calls out for help so that someone comes to
her and she is in that state or what resembles it of the situation in
which the violation occurred." He said, "If she does not produce any
of those, the hadd is inflicted on her and what she claims of that is
not accepted from her."
Malik said, "A raped woman cannot
marry until she has restored herself by three menstrual periods."
He said, "If she doubts her periods, she does not marry until she
has freed herself of that doubt." Muwatta Malik Book 41, Hadith 17
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Malik related to me from Zurayq ibn Hakim al-Ayli that a man
called Misbah asked his son for help and he thought him unnecessarily
slow. When the son came, his father said to him, "O fornicator."
Zurayq said, "So the son asked me to help him against the father. When
I wanted to flog him, his son said, 'By Allah, if you flog him, I will
acknowledge that I have committed fornication.' When he said that, the
situation was confused for me, so I wrote about it to Umar ibn Abd al-
Aziz who was the governor at that time, and I mentioned it to him.
Umar wrote me to permit his pardon."
Zurayq said, "I wrote to
Umar ibn Abd al-Aziz also, 'What do you think about a man who is
slandered or his parents are slandered and both or only one of them
are dead?' He said, Umar wrote to me, 'If he forgives, his pardon is
permitted for himself. If his parents are slandered and one or both of
them are dead, take the judgement of the Book of Allah for it unless
he wants to veil it.' "
Yahya said, "I heard Malik say, 'That
is because the slandered man might fear that if that is unveiled about
him, a clear proof might be established. If it is according to what we
have described, his pardon is permitted." Muwatta Malik Book 41, Hadith 19