If one is known for corruption, commits unlawful sexual intercourse, and claims coercion, do we require him to provide witnesses?
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The questioner : If one is known for chastity, integrity, and distance from unlawful sexual intercourse... and he was coerced afterwards, do we require him to prove it with witnesses that he was coerced into this, or is this circumstance sufficient...?
The Shaykh : If he claims coercion, the fixed punishment is lifted from him.
The questioner : Even without witnesses.
The Shaykh : Even without witnesses.
The questioner : But what if he is known for open sinfulness, for example?
The Shaykh : That is a second matter, and even so, we do not establish the fixed punishment upon him. We may impose a discretionary punishment or something similar. The fixed punishment must be committed by his own choice.
The questioner : Is proof required?
The Shaykh : It is not a condition, because this is possible; coercion is possible.
The Shaykh : If he claims coercion, the fixed punishment is lifted from him.
The questioner : Even without witnesses.
The Shaykh : Even without witnesses.
The questioner : But what if he is known for open sinfulness, for example?
The Shaykh : That is a second matter, and even so, we do not establish the fixed punishment upon him. We may impose a discretionary punishment or something similar. The fixed punishment must be committed by his own choice.
The questioner : Is proof required?
The Shaykh : It is not a condition, because this is possible; coercion is possible.