Is the hudud punishment carried out on the one who falsely accuses someone of zina if the accused forgives the accuser?
Machine translationRead the Arabic original
The questioner : May Allah forgive you. If the one who was falsely accused forgives the accuser, is the hudud punishment carried out on him, or is it left?
The Shaykh : If he forgives him, there is a difference of opinion on this. Some said that the hudud punishment is not dropped by forgiveness, and that the accuser is to be flogged whether the accused demands it or not, in order to protect the honor of the Muslims. Others said that it is a right belonging to the person, so the accuser is not flogged except at the request of the accused. The latter is the well-known position of Imam Ahmad, while the former was held by Ibn Hazm and a group of scholars. As for the apparent meaning of the verse, the apparent meaning of the verse is that it is a right belonging to Allah[An-Nur 24:4] But the verse regarding li'an indicates that the accuser, if li'an takes place, then nothing is required of him. The distinction between them is that it can be said that li'an is a specific matter between the spouses, so nothing else is to be analogized to it. In any case, the well-known position of the Hanbali school is that it is a right belonging to the accused: if he demands it, it is carried out, and if not, it is not. Yes.
The Shaykh : If he forgives him, there is a difference of opinion on this. Some said that the hudud punishment is not dropped by forgiveness, and that the accuser is to be flogged whether the accused demands it or not, in order to protect the honor of the Muslims. Others said that it is a right belonging to the person, so the accuser is not flogged except at the request of the accused. The latter is the well-known position of Imam Ahmad, while the former was held by Ibn Hazm and a group of scholars. As for the apparent meaning of the verse, the apparent meaning of the verse is that it is a right belonging to Allah
