Is a person considered a slanderer if they state, 'So-and-so informed me that you committed adultery'?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

A person is not considered a slanderer when relaying information that someone else accused another of adultery (zinā), regardless of whether the accused denies the accusation or confirms it. This position is held by Al-Shafi'i, Abu Thawr, and the proponents of the School of Opinion (Ahl al-Ra'y). The justification is that the speaker is merely reporting a past action of slander (reporting what someone else said), which is not an original act of slander themselves, analogous to bearing witness that someone else has already slandered another.

Supporting text

There is another view, stated by Abu al-Khattab, supported by 'Ata', Malik, and similarly reported from Al-Zuhri, that the relayer is considered a slanderer if the accused denies the accusation. This is because the relayer has effectively announced the commission of adultery.