What does one do if he sees a man and a woman in a state of unlawful sexual intercourse?
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Question:
I found a man and a woman in a state of unlawful sexual intercourse. Should I take them to the police so that the fixed punishment is carried out against them, knowing that they told me they would not repeat what happened between them, and the woman repented and wept? Please advise us, may Allah reward you with good?
Answer:
This is a serious matter. Even if you have four witnesses who testify to what you mentioned, you do not take them [to the police]. However, if you do not have four witnesses who testify to what you mentioned, it is obligatory for you to rebuke them and order them to repent, and if you inform the men of the Hisbah (public order) to follow up on them.
And to look into their case. So that they do not continue in this crime or that someone joins them. You inform the committee of what you say: "I saw them doing such and such," because I suspect them and I fear that they are not in a correct state, for the sake of follow-up.
As for accusing them of unlawful sexual intercourse, this requires that you provide four witnesses.[An-Nur 24:4]. Flog them with eighty lashes, unless they bring four witnesses. If they do not bring the witnesses, then those are the liars in the sight of Allah. Yes.
I found a man and a woman in a state of unlawful sexual intercourse. Should I take them to the police so that the fixed punishment is carried out against them, knowing that they told me they would not repeat what happened between them, and the woman repented and wept? Please advise us, may Allah reward you with good?
Answer:
This is a serious matter. Even if you have four witnesses who testify to what you mentioned, you do not take them [to the police]. However, if you do not have four witnesses who testify to what you mentioned, it is obligatory for you to rebuke them and order them to repent, and if you inform the men of the Hisbah (public order) to follow up on them.
And to look into their case. So that they do not continue in this crime or that someone joins them. You inform the committee of what you say: "I saw them doing such and such," because I suspect them and I fear that they are not in a correct state, for the sake of follow-up.
As for accusing them of unlawful sexual intercourse, this requires that you provide four witnesses.
And those who accuse chaste women and then do not produce four witnesses
وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ
Source
قناة «العلامة الدكتور صالح الفوزان»، ماذا يفعل من رأى رجلا وامرأة في حالة زنا؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.