Is the slanderer subject to Hadd if he slanders the deceased mother of an heir?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the mother is slandered after her death, whether she was Muslim or non-Muslim, free or slave, the accuser is subject to Hadd, provided the son demanding the punishment is free and Muslim. This ruling is established because the slander impugns the son's lineage, attributing him to illegitimate birth, which he cannot acquire through inheritance. A supporting reference is the Prophet's statement regarding the case of La'an (mutual cursing): 'Whoever accuses her child, the Hadd is upon him,' implying accusation of illegitimate birth. This obligation is thus established by analogy to the slander against the child of the accursed woman.
Supporting text
Abu Bakr holds that no Hadd is established for slandering the dead under any circumstances, as the claim cannot be legitimately pursued by the deceased, similar to slandering an insane person. Al-Shafi'i distinguishes: if the deceased was Muhsan (protected/chaste), their heir may demand punishment, which is divided according to inheritance shares; if not Muhsan, no Hadd is due, analogous to the living non-Muhsan person. Most scholars refrain from Hadd against the slanderer of a living or dead non-Muhsan person.