Can the Imam (ruler) implement the prescribed legal punishment (Hadd) based solely on his own personal knowledge?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The Imam cannot implement the Hadd based solely on his personal knowledge. This view is held by Malik, the Companions of the Opinion (Ashaab ar-Ra'y), and it is one of the two opinions attributed to Ash-Shafi'i. The evidence for this position is derived from the Divine Commands concerning testimony. Allah the Almighty stated, "And bring as witnesses thereto four of your men" (Quran 4:15). Furthermore, Allah stated, "But why do they not bring four witnesses to it? Then when they have not brought the witnesses, those at Allah are the liars" (Quran 24:13). Umar (may Allah be pleased with him) also stated, "...or was it by rope (confession) or acknowledgment." Another reasoning is that the Imam is not permitted to speak about what he knows (i.e., accuse someone based on that knowledge), for if he were to accuse someone based on what he knows, he would incur the Hadd for false accusation (Qadhf), and therefore, implementing the Hadd based on such knowledge is disallowed, similar to the testimony of others.
Supporting text
One narration from Abu Bakr As-Siddiq supports the view that the Imam may implement the Hadd based on his knowledge. This is also the view of Abu Thawr and one of the opinions of Ash-Shafi'i, based on the premise that if implementation is permissible based on testimony or confession (which only yields near certainty, Dhann), it is more appropriate based on absolute knowledge ('Ilm).