What is the prescribed punishment (hadd) for slander (qadhf) when the slanderer is a free person?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed limit for slander is eighty lashes when the slanderer is a free person, whether male or female. This is established by the clear textual evidence (ayah) and scholarly consensus (ijma'). The conditions for establishing this hadd require the slanderer to be mature, sane, and not coerced, as these prerequisites apply to all hadd punishments. Furthermore, two conditions must be met after the slander is complete: the accused party (al-Maqdhuf) must demand the application of the punishment, as it is their right, and the slanderer must not present four witnesses. This latter point is evidenced by the statement of Allah the Almighty: {And those who accuse honorable women and then do not produce four witnesses, flog them at the rate of eighty lashes} (Quran 24:4). The demand must also be continuous until the hadd is administered; if the accused pardons the punishment after demanding it, the punishment is dropped.
Supporting text
The Hanafi school (Ashaab ar-Ra'y) and Al-Hasan held that pardoning the punishment does not cause it to be dropped, arguing that it is a hadd punishment and therefore does not fall away by pardon, similar to other hadd punishments. However, the prevailing view is that since the application of this punishment requires the demand of a human being, it falls away upon their pardon, analogous to retribution (qisas). This differs from other hadd punishments where the demand for execution of the punishment itself is not a prerequisite for initiation.