What is the ruling on the punishment for slander if the accused person retracts his accusation or if the required condition of chastity for the accuser (or the accused) is removed after the accusation but before the implementation of the hadd?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the condition for the obligation of the punishment for slander has been established and fulfilled, the punishment is not nullified by the subsequent removal of a condition for its enforcement. This is evidenced by cases where the fornicator later purchases his slave girl or the thief's stolen property diminishes in value or is legally transferred. The opinion that conditions must remain valid until the implementation of the hadd is rejected because the conditions are required for the obligation itself, which is established upon making the claim, allowing for the right of demanding punishment.
Supporting text
Some scholars, including Abu Hanifa, Malik, and Al-Shafi'i, hold that the punishment is not incumbent if the required condition (chastity or integrity) ceases to exist before the implementation of the hadd. They argue that conditions must remain valid until the moment of imposing the punishment, citing that if the slanderer apostatizes or goes insane, the punishment is not carried out. Furthermore, the possibility of the accused's guilt strengthens the slanderer's statement, similar to a witness whose testimony is invalidated if corruption appears after the testimony but before the judgment.