Is the slanderer subject to Hadd if he slanders the deceased mother of a non-Muslim or enslaved son?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the mother is slandered after her death, and the son is a polytheist or a slave, there is no Hadd upon the accuser, according to the apparent text of Al-Khiraqi, regardless of whether the deceased mother was a free Muslim or not.
Supporting text
Abu Thawr and the Ashab al-Ra'y (companions of opinion) rule that if one says to a disbeliever or a slave, 'You are not the son of your father,' while both parents were free Muslims, Hadd is incumbent. They also rule Hadd if one tells a slave whose mother was free and father a slave, 'You are not the son of your father,' even if the slave belongs to the accuser, according to Abu Thawr.