Is testimony regarding a prescribed punishment (Hadd) valid without a prior formal complaint or accusation?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Testimony regarding a prescribed punishment (Hadd) is permissible without a prior formal accusation. This ruling has no known difference of opinion, and Imam Ahmad upheld it. The evidence cited is the case of Abu Bakrah and his companions testifying against Al-Mughirah without a preceding claim, and the testimony of Al-Jarud and his companion against Qudamah ibn Maz'un regarding drinking alcohol, also without a prior claim. This is because a Hadd penalty is a right belonging to Allah (swt), and thus the testimony required for it does not depend on a claim from a private individual, similar to acts of worship. If testimony were predicated on a claim, the establishment of such penalties would become impossible as no human has the right to claim it.