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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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A woman’s refusal to take the oath of li’an and the application of the hadd punishment to her

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Question:
Honorable Shaykh, if a man accuses his wife of zina (unlawful sexual intercourse) and she refuses to take the oath of li’an or the oath, is zina established against her and is the hadd (fixed punishment) applied to her?

Answer:
Yes,
But it will prevent punishment from her if she gives four testimoniesوَيَدْرَأُ عَنْهَا الْعَذَابَ أَن تَشْهَدَ أَرْبَعَ شَهَادَاتٍ
[An-Nur 24:8]
. If she does not bear four testimonies, the scholars differed on whether her refusal is considered an admission of zina, in which case the hadd is applied to her, or whether it is not considered so. The correct view is that it is not considered an admission, because zina is not established except by four witnesses or by an admission made four times. Four witnesses or an admission made four times. Her refusal to take the oath of li’an is not considered proof of zina against her. Zina is a severe and serious matter. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 60 من 89|شرح العدة في شرح العمدة|كتاب الطلاق|باب استبراء الإماء|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:09:10)

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

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