When is the prescribed punishment (Hadd) for defamation imposed on a minor?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

If the prescribed punishment for defamation is obligatory for one who has not reached puberty, its execution is postponed until maturity. This is because demanding the punishment before maturity does not mandate the Hadd due to the lack of consideration for the minor's statement. Furthermore, the guardian cannot demand the punishment on the minor's behalf because it is a right established for personal satisfaction, and no one else can substitute for the individual in its enforcement, similar to retaliation (Qisas). Upon reaching maturity and making the demand, the punishment is then executed.