Is the prescribed punishment (*Hadd*) due upon a man who confesses to fornication (*Zina*) if the woman denies it?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

The prescribed punishment (*Hadd*) is due upon the man who confesses to fornication even if the woman denies it. This is the opinion held by Al-Shafi'i. The evidence is the narration where a man confessed to the Prophet, peace be upon him, that he committed *Zina* with a specific woman. The Prophet sent for the woman, who denied the act. The Prophet administered the *Hadd* punishment to the man and left the woman alone. Furthermore, the invalidity of the charge against her does not negate his confession, similar to if she remained silent or if the questioning was not completed. The generality of the report necessitates the obligation of the *Hadd* upon him due to his confession, which aligns with the saying attributed to Umar: when there is pregnancy or confession.

Supporting text

Abu Hanifa and Abu Yusuf hold that no punishment is due upon him because by accepting her denial, his confession is deemed false. However, this is refuted because the ruling is not based on confirming her denial, but rather the absence of the necessary prerequisites for the ruling (confession or evidence), which would be the same if she remained silent.