Is the legal penalty (Hadd) applicable if one states to another, 'I meant you are from the people of Lot'?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

The obligation of Hadd is established based on the ruling that this statement, "Ya Luti" (O Lot's people), is explicitly slander (Qadhf) concerning the act of the people of Lot, similar to saying "Ya Zani" (O adulterer). This is the established position in the Madhhab, supported by the reasoning that this phrase can only be understood as imputing the act of the people of Lot, especially since none of the actual people of Lot remain to whom one could be attributed. This ruling is supported by a group of scholars narrated from Ahmad, Abu Bakr, Al-Zuhri, and Malik.

Supporting text

A second narration suggests no Hadd is due, arguing that the speaker's interpretation, if it refers to something other than the act, should be accepted, as seen in the views of Al-Hasan and Al-Nakha'i. A third narration from Ahmad suggests Hadd is incumbent if the statement was made in anger, as the context of anger implies the intent to slander.