Is it permissible to establish the hadd punishment for zina based on photographic evidence?
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Question:
Does a photograph establish proof against the fornicator?
Answer:
No, photography is not permissible; photography is forbidden, and it does not justify spying on a person. However, if four witnesses testify against him, no photograph is needed, because photography is a great evil.
What if, for example, he brought the photograph and people saw it?
The Shaykh: It is a matter for consideration. Allah (Exalted and Majestic is He) says: [Surat al-Nur: 4]. This is a matter for consideration. Since he photographed them, many people may take a photograph... The photographer may lie without having seen the person photographed; he takes a picture of him... then photographs him, and the Qur'an explicitly states four witnesses.
Does a photograph establish proof against the fornicator?
Answer:
No, photography is not permissible; photography is forbidden, and it does not justify spying on a person. However, if four witnesses testify against him, no photograph is needed, because photography is a great evil.
What if, for example, he brought the photograph and people saw it?
The Shaykh: It is a matter for consideration. Allah (Exalted and Majestic is He) says:
and then do not produce four witnesses
ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.