What is the ruling on the witness who retracted his testimony after the adulterers had been stoned, and what is the ruling on the other witnesses?
For the hadd punishment for zina (unlawful sexual intercourse) to be established, it requires proof through testimony, confession, or the appearance of pregnancy coupled with the absence of (doubt). However, establishing zina through testimony is considered extremely difficult.
If the hadd punishment was carried out on the fornicator and they were stoned, then one of the witnesses retracts their testimony, the ruling is detailed as follows:
1. If they say, "I deliberately lied so that he would be stoned," then qisas (retribution) is due upon them, unless the guardians of the slain pardon them in exchange for diyya (blood money) or freely. 2. If they say, "I made a mistake," then diyya is due from their wealth, and they are subjected to the hadd punishment for qadhf (false accusation). 3. If they say, "I deliberately testified, but I did not know that he would be killed," then a severe diyya is incumbent upon them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 20395
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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