Is the Hadd punishment applicable to one who accuses a eunuch, one whose testicles have been removed (Majboob), a gravely ill person, a woman with a completely closed vagina (Rataqaa), or one with fused labia (Qaranaa) of fornication?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 1

Open in Qurani

Primary text

The Hadd punishment is obligatory upon the accuser of a eunuch, a Majboob, a gravely ill person, a Rataqaa, and a Qaranaa. This is evidenced by the generality of Allah's statement: 'And those who accuse chaste women and then do not produce four witnesses, flog them eighty lashes and never accept their testimony thereafter; and those are the defiantly wicked' (Quran 24:4). The Rataqaa is included in this generality. Additionally, the accused is a Muhsan, thus incurring the Hadd, similar to the accuser of one capable of intercourse. Since the possibility of intercourse is an obscure matter unknown to many, the shame is not entirely removed for those unaware without the Hadd, necessitating its implementation, as with the case of a sick person.

Supporting text

Shafi'i, Abu Thawr, and the People of Opinion state there is no Hadd for accusing a Majboob. Ibn al-Mundhir concurs regarding the Rataqaa. Al-Hasan stated there is no Hadd for accusing a eunuch because the shame is already removed due to the known falsehood of the accuser concerning his condition, and the Hadd is only obligatory for negating shame.