When is the prescribed punishment for defamation executed if the defamed person becomes insane or faints after the defamation but before demanding the penalty?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 1

Open in Qurani

Primary text

If a sane person commits defamation, but then becomes insane or faints after the defamation and before demanding the penalty, the punishment cannot be executed until he recovers and makes the demand. If the person had already demanded the punishment before the insanity or fainting spell, the execution of the Hadd is permissible, analogous to appointing an agent to enforce Qisas, who then becomes insane or faints before execution.