How is the evidence for zina (adultery) established in cases involving pregnancy or confession?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The established modes of proof for secret zina are when four witnesses testify, and these witnesses must be the first to execute the punishment. For open zina, which is established by the appearance of pregnancy or confession, the Imam must be the first to execute the punishment. This was the view of the leading Companions, and no opposition arose in their time, suggesting it reached the status of scholarly consensus (ijma').
Supporting text
There is disagreement regarding the reliability of narrations concerning the Companions' rulings. One narration reports that Umar ibn al-Khattab waived the hadd from a pregnant woman who claimed a man fell upon her while she slept, because she was sluggish-headed (thiqlat ar-ra's). Another narration states Umar ordered the release of a pregnant woman who claimed coercion and wrote to military commanders that no one should be executed without his permission. Ali and Ibn Abbas stated that if there is uncertainty ('la'alla wa 'asa' - perhaps or maybe) concerning the hadd, it is to be suspended. Ibn Mas'ud, Mu'adh ibn Jabal, and 'Uqbah ibn 'Amir stated that when the punishment is doubtful, it should be waived to the extent possible. There is no dispute that the hadd is waived by misconceptions, which are confirmed in this scenario.