What is the ruling if one slanders by saying, 'You committed Zina while you were a polytheist' or 'while you were a slave,' and the complainant denies this status?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 3 · Bab 1

Open in Qurani

Primary text

If it is proven that the complainant was indeed a polytheist or a slave at the time alleged, the ruling follows the previous case (i.e., the Hadd is generally not established based on the initial narration). If it is proven that he was not a slave, the Hadd is established against the slanderer. If neither status (polytheism or slavery) is proven, there are two narrations: one mandates the Hadd because the default is freedom and Islam within the Abode of Islam; the second accepts the slanderer's statement because the default is the slanderer's innocence regarding the penalty.