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: FtawySummarized from the full answer at Ftawy · reviewed 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.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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