What is the ruling if a person is punished with Hadd for defamation and then defames the same person for a subsequent, different act of adultery?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the initial Hadd is carried out, and the defamer subsequently defames the victim regarding a second, distinct act of adultery, the ruling depends on the time elapsed. If there is a significant lapse of time (Tawil al-Fasl) between the first punishment and the second defamation, a second Hadd is established because the inviolability of the defamed person concerning the defamer is never entirely nullified, allowing for subsequent accountability.
Supporting text
If the second defamation occurs immediately following the first Hadd, there are two narrations. One view states a second Hadd is obligatory because the falsehood of the second slander has not been confirmed through punishment, treating it like a case where significant time has passed. Furthermore, other Hadd-inducing causes, such as theft or adultery, necessitate a new penalty upon repetition after the first is punished. The second narration states no second Hadd is imposed because the person has already been punished for the initial slander and the subsequent defamation is immediately following it, similar to repeating the first slander before punishment.