Is the punishment for slander (*Hadd al-Qadhf*) waived if the accused woman confirms the accusation of adultery?

General Chapter

Al-Mughni

Book of Mutual Imprecation (Li'an)

Book 43 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man slanders a woman (*Qadhf*) and she demands the prescribed punishment (*Hadd*), and she provides two witnesses to his admission of adultery, the *Hadd* upon him is waived because her confirmation validates his claim. The woman is not subjected to the *Hadd* for adultery because admission (*Iqrar*) of adultery requires four admissions, and the *Hadd* is waived upon retraction from the admission.

Supporting text

Regarding whether admission of adultery is established by two witnesses, there are two opinions: the first is that it is established by two witnesses, like all other admissions, which is the preferred opinion. The second view states that it is not established because the admission itself is not established by two witnesses, just as one man and two women are insufficient for proving adultery.