Is calling a man 'Oh adulteress' (Ya zaniyah) or a woman 'Oh adulterer' (Ya zani) explicit defamation (Qadhf)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Calling a man 'Oh adulteress' (Ya zaniyah) or a woman 'Oh adulterer' (Ya zani) is explicit defamation (Qadhf). This view is chosen by Abu Bakr and constitutes the position of the Shafi'i school. The evidence supporting this is that if the term constitutes defamation for one gender, it constitutes defamation for the other, similar to saying 'zanayta' (You committed adultery) regardless of the vowel marking on the final letter (indicating the gender of the speaker/addressee). Furthermore, this address involves pointing to the person using the term associated with adultery, which suffices without needing gender-specific markers (like the feminine 'ta').
Supporting text
The alternative view, chosen by Ibn Hamid and held by Abu Hanifa, is that it is not defamation unless the speaker clarifies the intent. They argue that 'Ya zaniyah' (Oh adulteress) could mean 'Oh expert in adultery,' analogous to calling a knowledgeable person 'Allamah' (great scholar) or someone who narrates much a 'Rawiyah' (great narrator).