What are the necessary conditions for a master to implement flogging (Hadd) upon his slave?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The authority of the master to implement flogging is conditional upon four requirements. The first condition is that the punishment must be flogging, such as for fornication, drinking intoxicants, or slander (Qadhf). The second condition is that the master must have exclusive ownership of the slave; thus, if the slave is jointly owned by two people, or if the female slave is married (to someone else), or if the slave is a Mukatab (contracted for freedom), or partially free, the master cannot implement the Hadd. The third condition is that the Hadd must be established either by clear evidence (Bayyinah) or by the slave's confession (Iqrar). If established by confession, the master may implement it if he understands the necessary conditions for establishing Hadd through confession. If established by evidence, it must be proven before a judge (Hakim), as evidence requires inquiry into the justice of witnesses and knowledge of the conditions for its acceptance and wording, which only a judge can perform. The fourth condition is that the master must be a mature, sane adult who possesses knowledge of the Hadd punishments and the proper manner of their implementation, as minors and the insane are not qualified for such authority, nor is one ignorant of the Hadd procedures.
Supporting text
Regarding the third condition (proof): Some scholars hold that if the master is proficient in hearing testimony and knows the conditions for witness justice, he may hear the evidence and implement the Hadd based on it, which aligns with the apparent position of Al-Shafi'i. However, the master cannot implement Hadd based solely on his own private knowledge; this is the position of Malik, arguing that if the Imam cannot implement Hadd based on mere knowledge, the master, whose authority is lesser, certainly cannot. Regarding the fourth condition: There are differing opinions on whether a morally corrupt master (Fasiq) may implement Hadd, and whether a Mukatab or a female master may implement it. For a female master, the view is split, though the actions of Fatimah, 'Aishah, and Hafsah are cited as evidence that women possess this authority, or alternatively, that the Hadd should be delegated to her guardian (Wali).