Is corporal punishment (*Tadib*) applied instead of the prescribed penal limit (*Hadd*) when someone slanders a free Muslim woman who has not reached the age of nine?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

When one of the prerequisites for establishing the *Hadd* for slander (such as Islam, freedom, or reaching the age where intercourse is normally possible) is absent, the *Hadd* is not applied to the slanderer. Instead, corporal punishment (*Tadib*) is mandatory to deter them from insulting the protected parties and to prevent them from causing further harm.

Supporting text

The penalty for a minor whose slander does not warrant a *Hadd* is that he reaches the age of ten and the girl reaches the age of nine, according to one narration.