Is the accuser punished if the accused person is proven guilty of Zina (fornication/adultery) through evidence, confession, or prior punishment for Zina?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The accuser is not subject to the prescribed punishment (Hadd) for slander (Qadhf). This is because the accuser is truthful in his statement. Furthermore, the protected status (Ihsaan) of the slandered person is nullified due to their proven Zina. This applies even if the accusation is made against someone who committed Zina while a polytheist or someone who married a close female relative while being a Magian and subsequently converted to Islam, provided the speaker clarifies the intent as accusation of Zina. The primary evidence supports this ruling based on the principle that the statement is truthful regarding the established fact of Zina.
Supporting text
Malik holds that the prescribed punishment is incumbent upon the accuser because the slander was directed at a Muslim whose Zina had not been established during his Islam. However, the primary view maintains that since the accused's Zina is established, it is analogous to if it were established during his Islam, and the accuser is truthful.