Is a slave treated the same as a free person regarding the requirements for establishing amputation via confession?

Chapter on Amputation in Theft

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 9 · Bab 2

Open in Qurani

Primary text

The free man and the slave are treated equally in this matter, a position explicitly stated by Ahmad, based on the general application of the texts. 'Ali is narrated to have amputated a slave who confessed to theft before him. Most jurists agree that the number of required confessions is the same for a slave and a free person, as it is a hadd established by admission.

Supporting text

Some jurists, like Ibn Abi Layla and Dawud, argue that a slave's retraction of confession should not be accepted because if one confesses to a claim involving retribution (Qisas) or a civil right to another person, retraction is not accepted. Conversely, the dominant view holds that since it is a hadd belonging to Allah, retraction is accepted, similar to the hadd for Zina, as the retraction introduces a doubt (shubha) that he may have lied.