Does God stipulate four witnesses or an irrevocable confession in cases of sexual immorality to prove His unwillingness to implement these punishments?
The requirement of four witnesses or an unretracted confession to prove zina (unlawful sexual intercourse) does not mean that Allah does not want to implement the hudud punishments. Rather, it is for the concealment of people's faults and to make it difficult for the accuser due to the gravity of the accusation. Scholars have unanimously agreed that the hadd punishment is not to be established with fewer than four upright witnesses, citing the Holy Quran as their evidence. Ibn Rushd mentioned several reasons for the requirement of four [witnesses], among them: to make the matter difficult for the accuser, thereby deterring him, and the command to conceal one's own faults and those of others. The Hanafis believe that the requirement of four [witnesses] fulfills the meaning of concealment, which is recommended, whereas widespread publicity is contrary to it.
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Reviewed by El Fatwa's sharia committee.
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