Is the prescribed punishment (Hadd) for slander applicable to one who slanders outside the abode of Islam (Dar al-Islam)?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prescribed punishment for slander is obligatory upon the slanderer even if the slander occurs outside the abode of Islam. This position is held by Al-Shafi'i. The evidence for this is the general nature of the Quranic statement: "And those who accuse chaste women..." (Quran 24:4). Furthermore, the slanderer is a responsible, adult Muslim who has slandered a chaste person, thus resembling one within the abode of Islam.

Supporting text

The companions of Al-Nu'man (the Hanafi school) hold that the punishment (Hadd) is not applicable because the act occurred in a territory where the prescribed punishments are not enforced upon its inhabitants.