If the defamed person demands the Hadd punishment for defamation and subsequently dies, to whom does the right of enforcement pass?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the victim demanded the punishment before death, the right passes exclusively to the male paternal relatives (Asabat) through lineage, excluding others. This restriction is due to the nature of the right, which is intended to repel dishonor, thus it is reserved for the Asabat, similar to the guardianship in marriage (Wilayat al-Nikah). If the Asabat establish the right, they possess the authority to enforce it.

Supporting text

This is one of the views held by the Shafi'i scholars regarding the inheritance of this right.