Is the prescribed punishment (Hadd) obligatory upon a parent for accusing their child of adultery?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment (Hadd) is not obligatory upon a parent, whether male or female, for accusing their child of adultery, even if the child is recently born. This view is held by 'Ata, Al-Hasan, Al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y). The reasoning is that this punishment is a right owed to a human being (Adami), and such a right is not established for the child against the parent, similar to retribution (Qisas). Furthermore, the Hadd is repelled by doubts, and the relationship of parentage constitutes such a factor, akin to slavery or disbelief, which prevents the general application of the relevant verse. The case is distinguished from theft, as a father is not subject to amputation for stealing his son's property. Unlike the Hadd for fornication (Zina), which is purely a right of Allah, the Hadd for defamation is a right of a human being, hence it is not established for the son against the father, similar to Qisas. Even if the father commits Zina with his son's female slave, the Hadd is not incumbent upon him.
Supporting text
A dissenting view, held by 'Umar ibn 'Abd al-'Aziz, Malik, Abu Thawr, and Ibn al-Mundhir, maintains that the Hadd is obligatory due to the generality of the verse (Quranic reference not specified) and because it is a Hadd, meaning the relationship of birth should not prevent its obligation, analogous to Zina.