The Conditions for Implementing the Hadd of Qadhf from the Perspective of Hanafi Jurists

Abstract

The ḥadd penalty for qaḏf (false accusation of illicit sexual relations), as one of the prescribed punishments in Islamic law, occupies a prominent position in Islamic jurisprudence, particularly within the Hanafi school. Jurists have consistently regarded it as a key mechanism for safeguarding personal honor, reputation, and the moral integrity of the Muslim community. The present study aims to explore the nature of the ḥadd punishment for qaḏf and to clarify the necessary conditions for its establishment and application from the perspective of Hanafi jurists, given that qaḏf not only harms individual dignity but also carries far-reaching social and legal implications. Using a descriptive–analytical method and relying on library sources, this research examines the jurisprudential foundations related to the qāḏif (accuser) and the maqḏūf (accused). The results indicate that Hanafi jurisprudence, while emphasizing the protection of human dignity and social cohesion, seeks to prevent abuse and the violation of individual rights by stipulating numerous conditions for establishing qaḏf. According to Hanafi law, enforcement of the ḥadd depends on fulfilling specific elements, including the accuser’s maturity, sanity, free will, and intent, as well as qualities required of the accused, such as maturity, sanity, chastity, freedom, and being Muslim. Moreover, the ḥadd penalty is nullified in cases such as the accused affirming the accuser’s claim, pardoning the accuser, or the absence of the conditions of iḥṣān.