Proving the Hadd for Zina by Modern Means
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The third and fifth questions of Fatwa No. ( 3339 )
Q3: In the case where four witnesses are not available to prove the charge of zina, and the crime is established before the court based on natural testimony, a chemical examiner’s report, a fingerprint expert’s report, and circumstantial evidence, is the accused also punished with the hadd of qadhf (false accusation of zina) in this case? It appears that this is a matter of free interpretation of the relevant Qur’anic verse.
A 3: It is not valid to prove the crime of zina by the aforementioned chemical examiner’s report, fingerprint expert’s report, and circumstantial evidence. Indeed, such evidence only indicates meeting and mixing, raises suspicion, and stirs doubt in people’s hearts, but it does not suffice to prove the crime that warrants the hadd, so that the hadd can be executed on its perpetrators. Nor does it suffice to avert the hadd of qadhf from one who accuses chaste men and women of the crime of zina. Allah the Exalted knows His servants best and is more merciful to them than they are to themselves, and yet He ruled with the hadd of qadhf for one who accuses chaste women and does not bring four witnesses. He is the All-Knowing, the Wise in
His legislation. Had there been anything other than this that would avert the hadd of qadhf, He the Exalted would have made it clear in His Book or through revelation to His Messenger (peace and blessings be upon him). And your Lord is not forgetful. It is not hidden from one who has insight into Allah’s legislation and wisdom what the hadd of qadhf entails in terms of suppressing the spread of lewdness, protecting chastity, and closing the doors of enmity. The gravity of the matter is such that He the Exalted did not accept less than four eyewitnesses. He is the All-Knowing, the Wise.
Q3: In the case where four witnesses are not available to prove the charge of zina, and the crime is established before the court based on natural testimony, a chemical examiner’s report, a fingerprint expert’s report, and circumstantial evidence, is the accused also punished with the hadd of qadhf (false accusation of zina) in this case? It appears that this is a matter of free interpretation of the relevant Qur’anic verse.
A 3: It is not valid to prove the crime of zina by the aforementioned chemical examiner’s report, fingerprint expert’s report, and circumstantial evidence. Indeed, such evidence only indicates meeting and mixing, raises suspicion, and stirs doubt in people’s hearts, but it does not suffice to prove the crime that warrants the hadd, so that the hadd can be executed on its perpetrators. Nor does it suffice to avert the hadd of qadhf from one who accuses chaste men and women of the crime of zina. Allah the Exalted knows His servants best and is more merciful to them than they are to themselves, and yet He ruled with the hadd of qadhf for one who accuses chaste women and does not bring four witnesses. He is the All-Knowing, the Wise in
His legislation. Had there been anything other than this that would avert the hadd of qadhf, He the Exalted would have made it clear in His Book or through revelation to His Messenger (peace and blessings be upon him). And your Lord is not forgetful. It is not hidden from one who has insight into Allah’s legislation and wisdom what the hadd of qadhf entails in terms of suppressing the spread of lewdness, protecting chastity, and closing the doors of enmity. The gravity of the matter is such that He the Exalted did not accept less than four eyewitnesses. He is the All-Knowing, the Wise.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.