Is the slanderer subject to Hadd if he slanders a living protected woman (Muhsanah)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The protected status (Ihsaan) of the mother must be considered if she is slandered while alive, as the right to prosecution belongs solely to her. Her son has no right to demand the Hadd while she is alive, regardless of whether she is under guardianship or not, because the right is for personal vindication, and no other party can substitute for the one who holds that right, similar to retribution (Qisas). Therefore, her protected status is considered, just as if she had no children.