Section 96
Condition for person who commits qazaf and person liable to qazaf
(1)
A person who commits qazaf shall be a person who is a mukallaf.
(2)
A person liable to qazaf shall be a muhshan and if the person liable to qazaf is dead person, that person shall be ascertained.
Illustration
A made a statement that B is a child born out of wedlock. Here, A has committed qazaf against B’s mother. If B’s mother has died, A shall determine the name of B’s mother in his statement.
(3)
In this section, “muhshan” means a Muslim who is of sound mind and has attained the age of baligh, clear of zina, zina bil-jabar or liwat, capable of having sexual intercourse and such conditions shall remain until he is liable to the hadd punishment.