What is our position regarding a strange man entering a woman's house?
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The first message in this episode came from listener (A. A. Z.) from Iraq, Duhok Governorate, Samil District. The questioner says in his message: What is the ruling on one who hears from people that a married woman is committing unlawful sexual intercourse, and their evidence for this is that a strange man enters her house and they remain alone together? Is it permissible for her family to kill her? Is it permissible for a single witness to testify to this? And what should the witness do? Please inform us, may Allah reward you with good.
Answer: Praise be to Allah, Lord of the worlds, and may the blessings and peace be upon His servant and messenger, His choice from among His creation, and His trustee over His revelation, our Prophet, our Imam, and our Master Muhammad ibn Abdullah, and upon his family and his Companions, and whoever follows his path and is guided by his guidance until the Day of Judgment.
As for what follows: It is obligatory for Muslims to cooperate in righteousness and piety, and to enjoin what is right and forbid what is wrong. If a believer sees a person entering a house where there is a place of suspicion, he should forbid that and not approve of what is not fitting. Rather, he should advise him, forbid it to him, and say to him: "Leave this, for this causes suspicion for you and for the people of the house." This is if he knows their situation and knows that his entry is a place of suspicion.
As for what concerns the ruling regarding the woman and the accused, one does not rule that she committed unlawful sexual intercourse, nor does one rule that he committed unlawful sexual intercourse, except by confession. She must confess, and he must confess. If she confesses, or if he confesses, they are ruled upon with the ruling of unlawful sexual intercourse. If she is a woman who has previously married, she is stoned with stones until she dies. Likewise, if the man is a man who has previously married, he is stoned with stones until he dies. A man who has previously married is one who has married a lawful marriage and entered with the woman, meaning: he had intercourse with her. Likewise, a woman who has previously married is one who has married and her husband entered with her, meaning: her husband had intercourse with her. But if they are both virgins, the virgin is flogged one hundred lashes and exiled for a year from his homeland. This is the ruling for the virgin, but unlawful sexual intercourse is not established by one statement or by suspicion. Rather, it is established by the woman's confession four times, or by the man's confession four times, and then he must persist in his confession until the hadd is carried out against him. Likewise, the clear proof requires four witnesses who testify that they saw that from him in her, that they saw that he connected with her, that he had intercourse with her in unlawful sexual intercourse, and then the hadd is carried out against both of them. But if there is no clear proof, which is four just witnesses, and there is no confession, then the woman and the man are treated as the accused. They are disciplined with the discipline of suspicion, and the hadd is not carried out against them. But they are disciplined in whatever the one in authority sees fit, who is the Shari'ah judge or the Shari'ah prince to whom matters are entrusted. The judge is more cautious in this if he is found, as he can determine the appropriate discretionary punishment. The upright Shari'ah prince likewise has the right to determine the appropriate discretionary punishment. He disciplines the man and disciplines the woman, the accused, with a discipline that deters them and those like them from falling into what Allah has forbidden and from standing in positions of suspicion. Yes.
The presenter: May Allah reward you.
Answer: Praise be to Allah, Lord of the worlds, and may the blessings and peace be upon His servant and messenger, His choice from among His creation, and His trustee over His revelation, our Prophet, our Imam, and our Master Muhammad ibn Abdullah, and upon his family and his Companions, and whoever follows his path and is guided by his guidance until the Day of Judgment.
As for what follows: It is obligatory for Muslims to cooperate in righteousness and piety, and to enjoin what is right and forbid what is wrong. If a believer sees a person entering a house where there is a place of suspicion, he should forbid that and not approve of what is not fitting. Rather, he should advise him, forbid it to him, and say to him: "Leave this, for this causes suspicion for you and for the people of the house." This is if he knows their situation and knows that his entry is a place of suspicion.
As for what concerns the ruling regarding the woman and the accused, one does not rule that she committed unlawful sexual intercourse, nor does one rule that he committed unlawful sexual intercourse, except by confession. She must confess, and he must confess. If she confesses, or if he confesses, they are ruled upon with the ruling of unlawful sexual intercourse. If she is a woman who has previously married, she is stoned with stones until she dies. Likewise, if the man is a man who has previously married, he is stoned with stones until he dies. A man who has previously married is one who has married a lawful marriage and entered with the woman, meaning: he had intercourse with her. Likewise, a woman who has previously married is one who has married and her husband entered with her, meaning: her husband had intercourse with her. But if they are both virgins, the virgin is flogged one hundred lashes and exiled for a year from his homeland. This is the ruling for the virgin, but unlawful sexual intercourse is not established by one statement or by suspicion. Rather, it is established by the woman's confession four times, or by the man's confession four times, and then he must persist in his confession until the hadd is carried out against him. Likewise, the clear proof requires four witnesses who testify that they saw that from him in her, that they saw that he connected with her, that he had intercourse with her in unlawful sexual intercourse, and then the hadd is carried out against both of them. But if there is no clear proof, which is four just witnesses, and there is no confession, then the woman and the man are treated as the accused. They are disciplined with the discipline of suspicion, and the hadd is not carried out against them. But they are disciplined in whatever the one in authority sees fit, who is the Shari'ah judge or the Shari'ah prince to whom matters are entrusted. The judge is more cautious in this if he is found, as he can determine the appropriate discretionary punishment. The upright Shari'ah prince likewise has the right to determine the appropriate discretionary punishment. He disciplines the man and disciplines the woman, the accused, with a discipline that deters them and those like them from falling into what Allah has forbidden and from standing in positions of suspicion. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.