What are the prerequisites (Shara'it) for the required Hadd punishment for the accuser of Qadhf?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prerequisites for the person accused (Al-Muhsan) for whom the Hadd punishment becomes obligatory upon accusation are five: sanity (Aql), freedom (Hurriyyah), Islam, chastity from fornication ('Ifaf), and being an adult (Kabir) capable of sexual intercourse with one of similar age. This is the position held by a group of scholars, ancient and modern.
Supporting text
A view narrated from Dawud held that the Hadd is obligatory even for the accuser of a slave. Furthermore, a view narrated from Ibn al-Musayyab and Ibn Abi Layla states that if one accuses a Dhimmi woman who has a Muslim child, the Hadd is obligatory. However, the first opinion is preferred, as one whose accuser is not flogged when he has no child should not be flogged when he does have a child, analogous to an insane person. Regarding the prerequisite of adulthood, there is a difference of opinion recorded from Ahmad: one narration specifies adulthood, supported by Shafi'i, Abu Thawr, and the People of Opinion (Ahl al-Ra'y), basing this on adulthood being a condition of legal accountability similar to sanity, and because the fornication of a minor does not incur Hadd. The second narration does not require it, supported by Malik and Ishaq, arguing that a free, sane, chaste person capable of being truthful is subject to the punishment, similar to an adult. Under this second narration, the minimum age requirement for a boy is ten years and for a girl is nine years.