How many confessions are required to establish the penal offense (Hadd) for Zina?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The penal offense (Hadd) is not established except by one of two things: confession (Iqrar) or clear evidence (Bayyinah). If established by confession, four repeated confessions are considered necessary. This is the position of Al-Hakam, Ibn Abi Layla, and the Ashab al-Ra'y (the People of Opinion). The evidence for this is the narration of Abu Hurayrah, wherein a man confessed Zina four times to the Prophet, peace be upon him, before the Prophet questioned him and then ordered his stoning. If the Hadd were obligatory upon a single confession, the Prophet, peace be upon him, would not have turned away, as it is impermissible to neglect a Hadd established for the sake of Allah.
Supporting text
Hasan, Hammad, Malik, Al-Shafi'i, Abu Thawr, and Ibn al-Mundhir hold that the Hadd is established by a single confession, based on the Prophet's instruction to Anis to go to a woman who confessed and stone her if she admitted guilt, and the stoning of the Ghumidiyyah woman who confessed only once. They argue that a single confession is sufficient like any other right.