Does the forgiveness (*'afw*) granted by a master to his slave for fornication remit the prescribed legal punishment (*hadd*)?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 5 · Bab 1

Open in Qurani

Primary text

The forgiveness granted by the master to his slave for fornication does not remit the prescribed punishment, according to the majority of scholars. This is because the prescribed punishment is a right belonging to God (*Haqq li'llah ta'ala*) and thus cannot be waived by the master, similar to how a master cannot waive acts of worship or how the Imam cannot waive the *hadd* for a free person.

Supporting text

Al-Hasan held the view that the master's forgiveness is valid and effective in remitting the punishment.