What is the ruling if a person is punished with Hadd for defamation and then repeats the defamation concerning the same alleged act of adultery?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a person is punished with Hadd for defamation and subsequently repeats the defamation concerning the exact same act for which the initial Hadd was administered, the Hadd is not repeated. This is the position held by the majority of scholars. This is evidenced by the incident involving Abu Bakra, who repeated his testimony against Al-Mughira after Al-Mughira had already been flogged based on the initial testimony, and the second Hadd was not imposed. 'Ali stated that the second flogging would necessitate stoning, and there is a narration stating that a person is not flogged twice for the same slander (Farya).

Supporting text

Ibn al-Qasim narrated that a second Hadd should be imposed. This view contradicts the consensus of the Companions (Sahaba).