Is delayed testimony regarding adultery acceptable as evidence for establishing the Hadd punishment?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Delayed testimony regarding adultery is acceptable for establishing the Hadd punishment. The proof cited against the contention that delay implies suspicion is that the delay may be due to a valid excuse or absence. Furthermore, the punishment is not waived merely upon the possibility of an excuse; if it were waived by every possibility, no Hadd punishment would ever be established.
Supporting text
A narration supporting the view against acceptance of delayed testimony, narrated by Al-Hasan as mursal (a Companion's statement is missing), is considered weak because Al-Hasan's mursal narrations lack strength.