Does a master implement Hadd based on his own private knowledge (ʿilm) of the transgression?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The master does not implement the Hadd based on his own private knowledge. This is the position of Malik, based on the argument that if the Imam cannot implement Hadd based on mere knowledge, then the master, whose authority is weaker and not universally agreed upon, is even less qualified to do so.
Supporting text
There is another narration from Ahmad suggesting that he does implement it based on his knowledge because the transgression is confirmed to him, granting him authority similar to when the slave confesses. This view distinguishes the master from the judge, arguing that the judge is suspected (of bias) and does not own the location of the implementation, unlike the master.