What is the basis for the ruling that the hadd for false accusation of adultery is a right belonging to the accused?
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The questioner : We mentioned that the hadd for false accusation of adultery is a right belonging to the accused, and we mentioned ... but we did not mention the basis ... in the text?
The Shaykh : What appears to me is that it combines both rights: it is a right of Allah in terms of its enforcement, and a right of the person in terms of demanding it. So if he does not demand it, we do not say, "Come, demand it so that we may establish the hadd upon you." Even Shaykh al-Islam (may Allah have mercy on him) mentioned the consensus of the scholars that it is not carried out without a demand. However, he mentioned that, and others said that the demand and the lack of demand are based on whether it is a right of the person or a right of Allah. If we say it is a right of Allah, then it is carried out without a demand.
The questioner : What is the basis for the argument of those who said it is a right of the person?
The Shaykh : They say that this is an aggression against him, just as if you hit this man and he did not demand his right, or if you took his money and he did not demand his right, so likewise, if you insulted his honor and he did not demand his right, it is his right.
The Shaykh : What appears to me is that it combines both rights: it is a right of Allah in terms of its enforcement, and a right of the person in terms of demanding it. So if he does not demand it, we do not say, "Come, demand it so that we may establish the hadd upon you." Even Shaykh al-Islam (may Allah have mercy on him) mentioned the consensus of the scholars that it is not carried out without a demand. However, he mentioned that, and others said that the demand and the lack of demand are based on whether it is a right of the person or a right of Allah. If we say it is a right of Allah, then it is carried out without a demand.
The questioner : What is the basis for the argument of those who said it is a right of the person?
The Shaykh : They say that this is an aggression against him, just as if you hit this man and he did not demand his right, or if you took his money and he did not demand his right, so likewise, if you insulted his honor and he did not demand his right, it is his right.