Does the prescribed punishment for adultery apply if the accused retracts his confession?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment, established through confession, is only carried out if the confession is maintained until the completion of the requirement for the Hadd. If the confessor retracts his admission or flees, the punishment is lifted. This position is held by Attah, Yahya bin Ya'mar, Al-Zuhri, Hammad, Malik, Al-Thawri, Al-Shafi'i, Ishaq, Abu Hanifa, and Abu Yusuf. The evidence for accepting retraction is found in the account where the Prophet, peace be upon him, upon hearing that the arrested Ma'iz had fled, stated: "Why did you not leave him so he could repent and Allah might accept his repentance?" This demonstrates that retraction is accepted.
Supporting text
Al-Hasan, Sa'id bin Jubayr, and Ibn Abi Layla hold that the prescribed punishment must still be carried out and the person should not be released because Ma'iz fled and was executed without being left to repent. They argue that accepting retraction would obligate his killers to pay blood money, and since the right was established by his confession, retraction should not be accepted, similar to other legal rights. Al-Awza'i held that if he retracted regarding slander against himself, the Hadd for slander applies, but if he retracted concerning theft or drinking, he receives less than the full Hadd.