Can a master implement the prescribed legal punishment (Hadd) upon his slave or female slave based on his personal knowledge?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There are two differing scholarly views regarding whether a master may implement the Hadd upon his slave or female slave based on his personal knowledge. The first view states that the master does not possess the authority to implement the Hadd based on his knowledge. This is reasoned by analogy with the ruling concerning the Imam who cannot implement Hadd based on his knowledge despite his strong authority and the delegation of Hadd implementation to him. Therefore, someone with lesser authority, such as a master, is likewise precluded.
Supporting text
The second view holds that the master possesses this authority. This is because the master is permitted to administer disciplinary action ('Ta'deeb) to his slave based on his knowledge, and this matter is considered analogous to disciplinary action. Furthermore, the master has a closer relationship and more complete authority over his slave, and he is more compassionate toward his own slave than the Imam is toward the general populace.