If a husband sees a man committing zina with his wife and kills him, and he has no evidence, is he to be killed?
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The questioner : If a husband sees a man committing zina with his wife, he might kill him...?
The Shaykh : What do you say about this issue?
This issue is not valid at all, O Nasser, because it is not possible to drop the right of retaliation from him until what he claimed is proven, either by the man's confession, as was done in the time of 'Umar ibn al-Khattab, or by the confession of the man's family, as was done in the time of 'Umar, or by, for example, when he killed him, he left him and said to the wife, "Do not stand up; if you stand up, I will kill you," and he brought witnesses, or, according to the stronger opinion, there is a circumstance indicating the husband's truthfulness and that the perpetrator is known for evil and corruption; this is a circumstance. Otherwise, it is a problem. Even if someone attacked you in your house and struck you, and you could not defend yourself except by killing him, so you killed him, and his relatives claimed that you killed him intentionally and that he did not strike you, then if you do not bring proof, you are to be killed, except according to the correct opinion chosen by the Shaykh al-Islam, which is that in this matter, one refers to the circumstances. If the one killed is known for evil and corruption, and the killer is known for righteousness, then we accept the killer's statement.
The Shaykh : What do you say about this issue?
This issue is not valid at all, O Nasser, because it is not possible to drop the right of retaliation from him until what he claimed is proven, either by the man's confession, as was done in the time of 'Umar ibn al-Khattab, or by the confession of the man's family, as was done in the time of 'Umar, or by, for example, when he killed him, he left him and said to the wife, "Do not stand up; if you stand up, I will kill you," and he brought witnesses, or, according to the stronger opinion, there is a circumstance indicating the husband's truthfulness and that the perpetrator is known for evil and corruption; this is a circumstance. Otherwise, it is a problem. Even if someone attacked you in your house and struck you, and you could not defend yourself except by killing him, so you killed him, and his relatives claimed that you killed him intentionally and that he did not strike you, then if you do not bring proof, you are to be killed, except according to the correct opinion chosen by the Shaykh al-Islam, which is that in this matter, one refers to the circumstances. If the one killed is known for evil and corruption, and the killer is known for righteousness, then we accept the killer's statement.