What happens if a man accuses his wife, saying, 'O adulteress,' and she responds by confirming, 'I committed adultery with you'?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
When a husband accuses his wife of adultery ('O adulteress'), and she confirms by saying, 'I committed adultery with you,' the established opinion among our scholars is that no punishment for slander (hadd) is due against her for her statement. This is because her statement leaves room for the possibility that the act occurred while the husband was engaging in intercourse under a misunderstanding (shubha), meaning the legal finding of adultery is avoided, and his admission prevents the hadd against him. Imam Abu Bakr concurs with this in the case where she confirms the accusation against herself.
Supporting text
Al-Shafi'i states that the husband incurs the hadd while the wife does not, asserting that her statement is not a valid confession. However, if she had simply said 'I confirm you,' our scholars maintain no hadd is due against her, just as if she had remained silent.