What is the ruling regarding the withdrawal of the demand for punishment by the slandered party?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The demand for punishment must be sustained until the hadd is carried out. If the wronged party initially demands the punishment but subsequently pardons the hadd, the punishment is dropped. This position is held by Al-Shafi'i and Abu Thawr. The ruling is derived because the right to the hadd is a private right of the individual (haqq li-adami) that is only enforced upon their demand.
Supporting text
Al-Hasan and the Hanafis maintain that the pardon does not nullify the punishment because, like other hadd punishments, it is a right of Allah and should not be dropped by the individual's pardon. However, the prevailing evidence indicates that since its enforcement depends on the victim's demand, pardon causes it to lapse, distinguishing it from punishments like theft where the demand is for the return of stolen goods, not the execution of the hadd itself.