Qadhf (defamation) in Saudi Arabia: what it means, how it differs from insults and online defamation, who can file a claim, and the penalty framework.
Short answer: In Islamic law, qadhf means accusing someone of zina (unlawful sexual relations) or similar, or denying their lineage. It is a hadd offence with a penalty fixed by Sharia and involves the victim's private right, so proceedings generally need their complaint. It differs from ordinary insults and online defamation, which have their own rules.
Words can do real harm, and Saudi law treats attacks on a person's honour and reputation seriously. Yet three different things are often confused: qadhf in its Sharia sense, insults (sabb and shatm), and defamation through technology. Mixing them up leads to wrong expectations, both for the person harmed and for the person accused.
This guide explains what qadhf means, how it differs from the others, how a case is brought, and the effect of pardon or waiver, based on statutory texts we have checked. If you already have a case, see our defamation and criminal defence services.
What is qadhf, and how is it different from an insult?
In Islamic jurisprudence, qadhf is an explicit accusation that someone committed zina or sodomy, or a denial of their lineage. It is a hadd crime, meaning its penalty is fixed by Sharia. Saudi Arabia's Law of Criminal Procedure refers expressly to the "hadd of qadhf" in Article 29.
Insults are offensive words that demean a person without amounting to an accusation of zina or denial of lineage. These usually fall under ta'zir, where the court sets the penalty according to the facts.
Illustrative examples:
Calling someone a demeaning name during a business dispute is an insult, assessed by the court.
Explicitly accusing someone of zina in public is qadhf in the Sharia sense.
Posting content online that damages someone's reputation may be defamation under the Anti-Cybercrime Law, in addition to qadhf rules if it includes an accusation of zina.
The exact classification of any incident is for the prosecution and the court, based on the words, context and evidence.
What is the penalty for qadhf in Saudi Arabia?
Where qadhf is proven with all its Sharia conditions, the penalty is the one prescribed by Sharia and applied under Saudi law. It is a fixed hadd penalty that the judge cannot vary once all conditions are met. Where the conditions are not complete, the court may consider the act as a ta'zir matter according to the facts.
Because proof and conditions are technical and differ from case to case, no outcome should be assumed in advance.
Online conduct may also fall under the Anti-Cybercrime Law. Article 3 punishes defaming others and causing them harm through information technology with up to one year in prison and a fine of up to SAR 500,000, or either. Under Article 8, the penalty cannot fall below half the maximum in certain cases, including prior convictions for similar crimes.
See our guide to the Anti-Cybercrime Law (coming soon).
Who can bring a qadhf case?
Qadhf involves a private right of the person defamed. The Law of Criminal Procedure provides:
Article 17: in crimes involving a private right, no criminal action or investigation may start without a complaint from the victim, their representative or heir, unless the Public Prosecution sees a public interest in proceeding.
Article 16: the victim, their representative or heir may bring the criminal action in any case involving a private right.
Article 29: a complaint from the person harmed counts as a claim for their private right unless they expressly waive it before the investigator.
Can qadhf be pardoned or waived?
Under Article 23, the private criminal action ends with a final judgment or with the pardon of the victim or their heir, although that pardon does not stop the public action from continuing.
Article 29 adds a specific rule for qadhf: if the victim waives their right before the investigator, it must be recorded and witnessed, and the competent court must ratify the waiver of the hadd of qadhf. A waiver is therefore not complete by word of mouth alone.
What should you do?
If you have been defamed: document what happened (witnesses, messages, dated screenshots with links); do not respond in kind, as that may expose you to liability; file a complaint with the competent authority and state your private-right claim; and take legal advice on whether the facts are qadhf, an insult or online defamation.
If you have been accused: no criminal penalty may be imposed until guilt is proven at trial (Article 3); you may have a lawyer during investigation and trial (Article 4); attend on time, ask to be informed of the allegation, and avoid contacting the complainant in any way that could be seen as pressure or a new offence.
How can you avoid qadhf or insults unintentionally?
Many cases start with words said in anger or content reshared without checking. Avoid any accusation touching a person's honour, even as a joke or hint; do not reshare posts that attack named individuals, as resharing may count as taking part in defamation; keep criticism of a service or conduct objective rather than personal; remember that messages in closed WhatsApp groups remain on record; and if you got it wrong, an early apology and reconciliation may open the way to settling the private right, while the public right remains with the authorities.
Frequently asked questions
Is every insult qadhf?
No. Qadhf is limited to accusing someone of zina or similar, or denying their lineage. Other offensive words are insults, penalised at the court's discretion.
Yes. It may be treated as qadhf if it contains an accusation of zina, as defamation under Article 3 of the Anti-Cybercrime Law, or both, depending on the wording, context and evidence.
Will the prosecution act without a complaint?
Generally not in private-right crimes, unless the Public Prosecution sees a public interest (Article 17).
If I withdraw my complaint, does the case end?
The victim's pardon ends the private action but not the public action. Waiving the hadd of qadhf must be recorded and ratified by the court.
Can the heirs of the person defamed bring a case?
The law gives heirs the right to bring a criminal action in private-right cases (Articles 16 and 17). How this applies to qadhf needs case-by-case review.
Need your position reviewed?
Qadhf and insult cases are sensitive and depend on wording, context and proof. Kawkaba Law is based in Jeddah and serves clients across Saudi Arabia in person and remotely, and treats your information confidentially.
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This article is general information about the law and is not legal advice or a religious ruling for any specific case. Outcomes depend on the facts, the evidence and the assessment of the prosecution and the court.
