Is the execution lawful if the accused flees after confessing to adultery?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If the accused flees after confessing, he is not pursued, based on the Prophet's statement, "Why did you not leave him?" If he is killed without being left, no liability (guarantee/diyah) is incurred upon the killer because the Prophet, peace be upon him, did not hold Ma'iz's killers liable, and the flight itself is not an explicit statement of retraction.
Supporting text
If the accused requests to be returned to the judge, he must be returned, and the Hadd cannot be completed. If it is completed, there is no liability on the person who completed it, due to the reasoning established regarding flight.