Hadith 3572

(2) The statement: Overlook prescribed punishments among yourselves, etc.: This commands overlooking, addressing non-Imams, including common Muslims and those with rights, who are ordered to conceal absolutely. Thus, Al-Hidaya states: Concealment is recommended. In Majma‘ al-Bihar, under this hadith: You should overlook punishments among yourselves before it reaches me, for what reaches me becomes obligatory for me to enforce. As for Al-Ashbah wa al-Nazair stating that overlooking is invalid in prescribed punishments, unlike retribution, even for slander, it means the punishment is not dropped by overlooking. Though not dropped, if the one overlooking leaves, the Imam cannot enforce it, as enforcement requires a request. If the request is abandoned, the punishment is not enforced unless the claimant returns and demands it, as the overlooking was ineffective, like no claim was made until then. Gathered from Al-Mirqat, Al-Hidaya, Majma‘ al-Bihar, Al-Ashbah wa al-Nazair, and Al-Bahr al-Raiq. In Al-Bada’i‘: There is no dispute that punishments for adultery, drinking, intoxication, and theft do not allow overlooking, settlement, or exemption after proof, as they are purely Allah’s right, with no human right, so none can drop it. For slander, if proven, it is the same in our view; overlooking, exemption, or settlement is invalid. If the slandered overlooks before litigation or settles for money, it is invalid, the settlement payment is returned, and he can demand later. Al-Shafi‘i and one narration from Abu Yusuf hold it valid. Their reasoning: The cause of slander’s punishment is defamation, harming the slandered’s honor, which is his right, like retribution for intentional harm or compensation for unintentional harm, so the penalty is his right, like retribution. We say: All prescribed punishments are purely Allah’s right, established for public welfare to prevent harm and ensure protection. Adultery’s punishment protects lineage, theft and highway robbery protect property and lives, drinking protects lives, property, and lineage by preserving intellect from intoxication. Any offense harming the public, with its penalty benefiting the public, is purely Allah’s right to ensure benefit and prevention, not dropped by a human. This applies to slander, as its punishment benefits the public by protecting honor, making it purely Allah’s right, like other punishments. In Al-Mabsut: If a judge rules for slander’s punishment and the slandered overlooks with or without compensation, the punishment is not dropped in our view. Abu Yusuf and al-Shafi‘i said it is dropped. The principle is that in our view, slander’s punishment is predominantly Allah’s right, with the human’s right secondary. For al-Shafi‘i, the human’s right predominates. Thus, overlooking does not drop it in our view, as one can only drop a purely personal right. Allah’s right cannot be dropped, even if a human has a share, like waiting periods, which are not dropped by a husband, due to Allah’s right. Our view is narrated from Ali. For details, refer to Al-Mabsut.