When is the prescribed punishment for defamation executed if the defamed person is absent (Gha'ib)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If an absent person is defamed, the prescribed punishment is not executed until the person returns and demands it, unless it is proven that the demand was made during the absence.
Supporting text
There is an opinion that the punishment should not be executed in absentia under any circumstances, because the absent person might offer forgiveness after the demand is made, which constitutes a doubt that would avert the Hadd.