What is the ruling if an unknown person is slandered, and the slanderer claims the accused was a slave or a polytheist, but the complainant asserts he is free and Muslim?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 5 · Bab 1

Open in Qurani

Primary text

The statement of the complainant is accepted because the default legal status is freedom, and this is the apparent condition, so the claim contradicting it is disregarded, similar to interpreting an explicit slander with something that nullifies it. The premise that Islam is established by one's own assertion does not apply to past states, as a subsequent declaration of Islam does not prove Islam at the time of the slander.

Supporting text

Abu Bakr held that the slanderer's claim regarding slavery is accepted because the default is the slanderer's exemption from Hadd, which is repelled by ambiguities, and the claim of slavery constitutes such an ambiguity. Al-Shafi'i holds differing views on this matter.