What is the required punishment (Hadd) when a group of people is accused of adultery (Qadhf) using the same words?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
For every individual in the group who was subjected to the accusation of adultery (Qadhf) using the same words, a separate punishment (Hadd) must be administered. This view is held by 'Ata, Ash-Sha'bi, Qatadah, Ibn Abi Layla, Abu Hanifa, and Ash-Shafi'i. The reasoning is that these accusations concern the rights of human beings, which do not overlap or merge, similar to debts or retaliation (Qisas). Therefore, the precedent cited by the opposing view is inapplicable because that precedent concerns rights belonging solely to God Almighty.
Supporting text
Hammad and Malik hold that only a single punishment (Hadd) is obligatory. They argue that when an act that necessitates a prescribed Hadd is repeated, a single instance of the punishment suffices, analogous to a thief who steals from multiple people or someone who commits adultery with multiple women, or someone who consumes different types of intoxicants.