The Ruling on the Application of the Fixed Punishment for a Minor, a Slave, or a Disbeliever in the Case of Falsely Accusing Someone of Zina
Machine translationRead the Arabic original
Question:
Honorable Shaykh, I read somewhere: If the accuser is a minor, a slave, or a disbeliever, is the fixed punishment applied to him?
Answer:
He is given a discretionary punishment; the fixed punishment is not applied to him because a condition is lacking. However, he is given a discretionary punishment to restrain his tongue, unless disbelievers testify against a disbeliever like themselves, in which case the fixed punishment is applied to them, but their testimony is not accepted against a Muslim.
Honorable Shaykh, I read somewhere: If the accuser is a minor, a slave, or a disbeliever, is the fixed punishment applied to him?
Answer:
He is given a discretionary punishment; the fixed punishment is not applied to him because a condition is lacking. However, he is given a discretionary punishment to restrain his tongue, unless disbelievers testify against a disbeliever like themselves, in which case the fixed punishment is applied to them, but their testimony is not accepted against a Muslim.
Source
قناة «العلامة الدكتور صالح الفوزان»، 83 من 89|شرح العدة في شرح العمدة|كتاب الحدود|باب حد الزنا|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:04:57)
The Arabic text is a machine transcription of the audio recording.