Does the Hadd punishment for the charge of sodomy fall from the accused if he denies it and falsely swears before the judge due to the absence of witnesses, and what is the ruling on his oath?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
Scholars have differed regarding the establishment of the hadd (prescribed punishment) for slander through innuendo and indirect insinuation (ta'ridh), and regarding administering an oath to one who denies it. Some have gone to the extent of not administering an oath to the denier because it is a hadd that is averted by doubts (shubuhat). Others have gone to the extent of administering an oath to him, based on the Prophet's (peace and blessings be upon him) saying: "But the oath is upon the defendant." The judge's ruling resolves the dispute.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/136630
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 136630
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy