Is a specification of debt accepted if it is a Hadd punishment or a right of preemption (*shuf‘a*)?

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the debt is specified as the right to the Hadd punishment for slander (*qadhf*), it is accepted, because it is a right that must be fulfilled by the obligor. If specified as the right of preemption, it is accepted because it is an obligatory right that ultimately relates to money. The sounder opinion regarding the Hadd punishment is acceptance because what is established in liability can correctly be stated as 'owed by me.'

Supporting text

It is also suggested that the Hadd punishment specification might not be accepted because it does not result in a monetary claim.