The disagreement among scholars regarding the condition of the accused demanding the application of the hadd punishment on the accuser
Machine translationRead the Arabic original
The questioner : Shaykh, if he said it was dropped due to the man’s pardon, meaning if they said it was dropped due to pardon by analogy to the fact that standing is a condition.
The Shaykh : Standing, what?
The questioner : Amen. What is your request?
The Shaykh : Yes.
The questioner : It is related to him.
The Shaykh : What is agreed upon is the demand. The Zahiriyyah say that demanding is an innovation,[An-Nur 24:4] but the majority, meaning that the demand is necessary, hold that it is required because the one accused may have committed the act; when he was accused of it, he remained silent because he had done it. So the majority say that the demand is necessary to establish the accusation.
The Shaykh : Standing, what?
The questioner : Amen. What is your request?
The Shaykh : Yes.
The questioner : It is related to him.
The Shaykh : What is agreed upon is the demand. The Zahiriyyah say that demanding is an innovation,
And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes
وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 560- اختلاف أهل العلم في اشتراط مطالبة المقذوف بإقامة الحد على القاذف - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.