Is a hadd punishment imposed on a father for having illicit sexual relations with his son's slave girl?
General Chapter
Al-Mughni
Book of Freeing Mothers of Children
Primary text
No hadd punishment is imposed on the father due to the existence of a doubt (shubha). Even if true ownership is not established, the situation constitutes a doubt sufficient to ward off the hadd penalty, as legal penalties are averted by doubts. However, the father must receive discretionary punishment (ta'zir) because he engaged in forbidden intercourse with a slave girl he did not own, which is analogous to having relations with a jointly owned slave girl.
Supporting text
There is an opinion that no discretionary punishment is due because the property of the son is considered the property of the father. This view is incorrect because while the father is permitted to use his own property without blame, this act of intercourse with the son's slave girl is a transgression for which he is blameworthy.