Is the accuser liable for the prescribed punishment for defamation (hadd al-qadhf) if he accuses someone of practicing the act of the people of Lot?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment for defamation (hadd al-qadhf) is obligatory upon the one who accuses a man of practicing the act of the people of Lot, whether the accused is the active party (fa'il) or the passive party (maf'ul). This view is held by Al-Hasan, Al-Nakha'i, Al-Zuhri, Malik, Abu Yusuf, Muhammad ibn Al-Hasan, and Abu Thawr. This ruling is based on the principle that the act in question is an act for which the prescribed punishment is mandatory. This is analogous to accusing someone of unlawful sexual intercourse (zina) for which the hadd is established.
Supporting text
Abu Hanifa, 'Ata, and Qatada hold that the prescribed punishment for defamation is not due because the accusation involves an act for which they do not consider the hadd to be mandatory. Similarly, if a man accuses a woman of being anally penetrated, or accuses a man of penetrating a woman anally, the hadd is due according to the majority opinion, but not according to Abu Hanifa. The difference of opinion rests upon the disagreement regarding whether the hadd for zina is obligatory upon the perpetrator of such an act.