What is the ruling if the husband kills the adulterer, but the guardian of the adulterer denies the claim of adultery?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
The statement of the victim's guardian prevails. This is based on the report that Ali, peace be upon him, ruled that if the killer does not bring four witnesses, he must pay the full blood price (Diyya). The legal principle here is that the established ruling of homicide is not nullified by mere assertion; the presumption is against the claim of justification unless proven.
Supporting text
A difference of narration exists regarding the required evidence. One narration suggests four witnesses are required, citing the precedent of Ali and the Hadith where Sa'd asked the Prophet, peace be upon him, if he should wait to bring four witnesses after finding a man with his wife, to which the Prophet replied affirmatively. Another narration suggests two witnesses suffice, as two witnesses are enough to prove the man's presence with the woman, which is sufficient without needing to formally prove the act of Zina itself, which requires four witnesses.