Is it required that all four witnesses for adultery arrive in the same session?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The seventh condition is that all four witnesses must come in a single session. If they arrive separately while the judge remains seated in his session, their testimony is accepted before he departs. This is the view of Malik and Abu Hanifa. The justification is demonstrated by the case of Al-Mughira bin Shu'ba, where three witnesses were punished for slander because the fourth witness did not appear, which would not be permissible if the session were not a requirement, as the fourth could have appeared later. Furthermore, the Quranic statement concerning those who do not bring four witnesses implies a temporal restriction, which is best confined to the session as a single moment in time.
Supporting text
Al-Shafi'i, Al-Buti, and Ibn Al-Mundhir hold that the session is not a requirement, citing the lack of mention of the session in the Quranic verses regarding testimony (Quran 24:13 and Quran 4:15), and because testimony accepted in conjunction should be accepted if presented separately in different sessions, similar to other testimonies. However, if the witnesses present their testimony separately, one after another, within the same session, their testimony is valid. If they disperse across different sessions, the prescribed punishment for slander is incumbent upon them because those who testify to adultery but fail to complete the required number of witnesses are subject to the eighty lashes prescribed for false accusers (Quran 24:4).