What is the ruling when the slanderer says, 'You committed Zina while you were a polytheist,' and the complainant claims the slander meant both Zina and the status of polytheism simultaneously?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 4 · Bab 1

Open in Qurani

Primary text

The statement of the slanderer is accepted, as the dispute concerns the intent behind the evidence, and the slanderer has superior knowledge of his own intention. The phrase 'while you were a polytheist' functions as a circumstantial qualifier (Hal) describing the state during the Zina.

Supporting text

Al-Qadi holds that the Hadd is established because the statement 'You committed Zina' is a direct address concerning the present time, implying the Zina occurred in that state.