What is the prescribed legal punishment (*Hadd*) if an adult foundling (*Lqit*) who is presumed free commits the act of slander (*Qadhf*) against a married or previously married free person (*Muhsan*)?
General Chapter
Al-Mughni
Book of Foundlings
Primary text
The prescribed punishment is eighty lashes because the foundling is legally considered free. If a slanderer accuses the foundling while the foundling is considered married or previously married, the *Hadd* is obligatory upon the slanderer because the foundling is ruled to be free. If the slanderer claims the foundling is a slave and the foundling confirms this claim, the *Hadd* is waived because the beneficiary of the punishment has admitted to a condition that voids it; however, the slanderer must receive discretionary punishment (*Ta'zir*) for slandering someone not deemed married or previously married. If the foundling denies the claim of being a slave and asserts his freedom, the foundling's statement prevails because it aligns with the apparent legal status (freedom). This is supported by the fact that if the foundling were the slanderer, the punishment for a free person would be applied, and retaliation (*Qisas*) would be due if the accused were proven free.
Supporting text
A scholarly opinion suggests that the slanderer's claim that the foundling is a slave should be accepted, as this introduces a doubt (*shubhah*) regarding the foundling's status, which should negate the *Hadd*. However, this is distinguished from *Qisas*, which is a right belonging to an individual and can be settled or compensated, unlike the *Hadd* for slander. The prevailing view maintains that the freedom ruling is established, and the *Hadd* for slander is not negated by a mere potential claim of slavery, similar to how it is not negated for someone of unknown lineage unless explicitly claimed by the accuser.