necessitates five conditions for the accuser’s subject: sanity, freedom, Islam, chastity from adultery, and being an adult capable of sexual intercourse. A group of scholars, both ancient and modern, uphold this view, except for what was narrated from Dawud, who held that the hadd punishment is mandatory for one who accuses a slave. Regarding Ibn al-Musayyib and Ibn Abi Layla, they said: "If one accuses a dhimmi woman who has a Muslim child, the hadd is applied." The first view is more appropriate because the one whose accuser is not subjected to hadd when he has no child is also not subjected to it when he has one, just like the insane person. There are two narrations from Ahmad regarding the condition of puberty; it is narrated from him that it is a condition. This is the view of al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y), because it is one of the two conditions for legal responsibility (taklif), thus resembling sanity; and because the adultery of a child does not necessitate a hadd, so the hadd should not be necessary for accusing them of it, similar to the adultery of an insane person. The second [narration] is that it is not a condition, because they are free, sane, and chaste, and they are defamed by this statement whose occurrence is possible, thus resembling an adult. This is the view of Malik and Ishaq. According to this narration, one must be an adult capable of intercourse, and the minimum for a boy is ten [years] and for a girl is nine.

Section: The hadd punishment is mandatory for one who accuses a castrated person, an impotent person (majbub), a severely ill person, an atresic woman (ratqa'), or a woman with vaginal obstruction (qarna'). Al-Shafi'i, Abu Thawr, and the People of Opinion said: "There is no hadd for accusing an impotent person (majbub)." Ibn al-Mundhir said: "The same applies to an atresic woman (ratqa')." Al-Hasan said: "There is no hadd for accusing a castrated person because the disgrace is removed from the accused without the hadd, due to the knowledge of the accuser's lie, and the hadd is only mandatory to remove disgrace." Our position is the generality of His saying, the Almighty: "And those who accuse chaste women and then do not produce four witnesses, lash them with eighty lashes." An atresic woman is included in the generality of this, and because [the accuser] is an accuser of a chaste person, the hadd is incumbent upon him, like the one who accuses a person capable of intercourse. Also, the possibility of intercourse is a hidden matter not known to many people, so the disgrace is not removed for those who do not know it without the hadd; therefore, it is mandatory, like accusing a sick person.

Section: The hadd punishment is mandatory for the accuser even outside the Abode of Islam (Dar al-Islam). This is also the view of al-Shafi'i. The People of Opinion said: "There is no hadd upon him, because he is in an abode where there is no hadd for its people." Our position is the generality of His saying, the Almighty: "And those who accuse..." [the verse]. Also, because he is a legally responsible Muslim who has accused a chaste person, so he is like one who is in the Abode of Islam.