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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Establishing the hudud punishment for zina through testimony and confession

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Question:
He says: Honorable Shaykh, may Allah grant you success, is this statement authentic from our Shaykh, Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), that he said that zina by testimony did not occur up to his time, and that the hudud punishment was only established by confession? This was during the time of the Messenger (peace and blessings be upon him).

Answer:
The wife of the Messenger, yes, the punishment was not established by testimony, but Allah mentioned this in the Qur'an, and
do not produce four witnessesلَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ
[An-Nur 24:4]
. The ones against whom the Messenger (peace and blessings be upon him) established the truth were all by confession, all by confession: Ma'iz, al-Ghamidiyyah, and the Jew, all by confession. And he said (peace and blessings be upon him): "Go,
O Anis, go to my wife. If she confesses, stone her.يا أنيس إلى امرأتي هذا، فإن اعترفت فارجمها
. As for after the Messenger (peace and blessings be upon him), it was established by both means. As for the statement of Shaykh al-Islam, I do not know; this needs to be reviewed. But I do not think that from the era of the Messenger to the era of the Shaykh it was established except by confession; I do not think so.
Source الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 094-تابع حد الزنا - 5-2-26 هـ — archive.org (15:43)

The Arabic text is a machine transcription of the audio recording.

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