If a person accuses the mother of their child (who is a non-relative to the accuser) of adultery and she dies before the punishment is carried out, can the child demand the Hadd?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the mother of the child, who is a non-relative to the accuser, is accused of adultery and dies before the punishment is carried out, the child cannot demand the Hadd. This is because the factor that prevented the establishment of the right initially also invalidates it when it arises later, similar to Qisas.
Supporting text
If the deceased mother had another son from a different father, that other son may demand the execution of the Hadd if she died after the demand was made. This is because one heir has the right to enforce the entire Hadd, which distinguishes it from Qisas.