Defamation in Sharifistani law

In Sharifistani law, defamation is a civil wrong according to Muslim Personal Law and the law of various other religions as well as being a criminal offence under certain circumstances.

Civil wrong

Defamation is a civil wrong and is actionable per se. Muslim personal law defines defamation as as "insults or accusations which are and/or were false and the defendant had no valid reason to believe them to be true”.

Criminal offence

Defamation is a criminal offences in the following cases:

1. Sexual defamation (Qazf, a felony)

2. Criminal defamation (either a felony or a misdemeanour)

3. Defamation which causes alarm in society. (Either a felony or a misdemeanour)

4. Defamation between two individuals of differing religions. (A felony)

5. Defamation include elements of another offence such as hate speech. (a felony)

6. Defamation which denies the sincerity of someone’s religious belief.

8. Defamation with consequences on the economy (a felony).

9. Defamation which threatens the stability of the state (a felony).

According to the penal code: “a person convicted of qazf is to be sentenced to eighty lashes (except when this presents a threat to life, in which case they are to be sentenced a prison term of at least 12 years not exceeding fourteen years.). Other forms of felony defamation are to be punished by imprisonment not exceeding seven years, exile not exceeding fourteen years, or corporal punishment not exceeding seventy eight lashes.”

The exact definition depends on the offence but the defamatory statement is required to be untrue at the time of defamation and it is never a strict liability offence.