Is the Hadd for slander applied to ambiguous or non-explicit terms like 'Ya Mukhanath' (O effeminate one) or 'Ya Qahbah' (O lewd woman)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The ruling following Al-Kharqi's position is that Hadd for slander is only obligatory with an explicit term that admits no other interpretation than slander, such as saying 'Ya Zani' or using the explicit term for sexual intercourse. For all other terms, the ruling reverts to the speaker's interpretation. Therefore, if one calls a man 'Ya Mukhanath' and intends the meaning of feminine disposition and imitation of women, or calls a woman 'Ya Qahbah' meaning she is predisposed to such, no Hadd is due. Similarly, this applies to terms like 'Ya Fajirah' (O sinful one) or 'Ya Khabithah' (O wicked one).
Supporting text
Abu Al-Khattab narrated a second view in this regard, holding that these terms constitute explicit slander, requiring the Hadd. The first view is deemed correct. Ahmad, in the narration of Hanbal, stated that Hadd should only be applied to explicit slander and abuse. Ibn Al-Mundhir stated Hadd applies to one who establishes the slander explicitly.