Is a person's asking one of the shaykhs about an issue related to a hadd punishment, such as the hadd of apostasy, and his saying, "Such and such happened to me, but it happened by mistake," considered an admission against himself? And is the shaykh considered an evidentiary witness to that, especially if he does not hold the position of a judge or ruler, and he was a single witness, and the incident occurred over the phone? And is it a condition that the admission be made before a Sharia judge to be considered valid, or is it accepted when made before someone who does not have authority?
The perpetrator of a ḥadd (prescribed punishment) must sincerely repent and conceal himself, not divulging his sin to anyone. He is not obliged to confess it; rather, what is required is concealment and non-disclosure. He may seek guidance from a scholar to direct him to repentance. His confession of the sin to a scholar outside a judicial setting does not entail a ḥadd punishment. Apostasy resulting from error does not lead to a judgment of apostasy against the individual, based on the Almighty's saying: "And there is no blame upon you for that in which you have erred, but [only for] what your hearts intended," and the Prophet’s (peace be upon him) saying: "Indeed, Allah has overlooked for my nation mistakes, forgetfulness, and what they are forced to do."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- 121894
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy