Is the ruler's knowledge of the married person's (muḥṣan) adultery or committing an abomination sufficient to impose the prescribed punishment (ḥadd) on him without four witnesses? And is it permissible to conceal his sin if he does not openly commit it and if his repentance is highly probable?
The judge's knowledge of the abomination is not sufficient to impose the hadd punishment on the disobedient. Rather, it must be established by the testimony of trustworthy witnesses or by confession. If no one else knows, then concealment is recommended, for hudud punishments are averted by doubts, and their concealment is recommended. The witness is given a choice between concealing and disclosing in hudud cases, and concealment is better, based on the Prophet's (peace be upon him) saying: "If you had covered him with your garment, it would have been better for you." It is desirable not to uncover what has been concealed in such cases.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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