What is the ruling if the woman who committed zina does not confess?
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Question:
In the hadith of the story of the Asif, at the end of it, she confessed, so the Messenger (peace and blessings be upon him) ordered that she be stoned, and she was stoned. The question is: if the woman did not confess, what would be the ruling?
Answer:
If she does not confess, then nothing is required of her, because the Messenger (peace and blessings be upon him) made stoning contingent upon confession. This indicates that if she did not confess, nothing is required of her. The default is the presumption of innocence. Yes.
In the hadith of the story of the Asif, at the end of it, she confessed, so the Messenger (peace and blessings be upon him) ordered that she be stoned, and she was stoned. The question is: if the woman did not confess, what would be the ruling?
Answer:
If she does not confess, then nothing is required of her, because the Messenger (peace and blessings be upon him) made stoning contingent upon confession. This indicates that if she did not confess, nothing is required of her. The default is the presumption of innocence. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، كيف يكون الحكم لو أن الزانية لم تعترف؟ للشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.