What are the requirements for the validity of a confession (Iqrar) regarding actions subject to punishment (Hadd)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
For a confession to be valid, the actual nature of the act must be specified to eliminate ambiguity. This is because the term 'Zina' (fornication/adultery) is used in a manner that does not necessitate the Hadd punishment unless the specific physical act is clarified. This is evidenced by the narration from Ibn Abbas concerning the Prophet (peace be upon him) questioning Ma'iz, asking if he merely kissed or touched, to which Ma'iz denied, until the Prophet asked if he had 'Fanakatuha' (a euphemism for sexual intercourse). Upon affirmation, the stoning order was given, as narrated by Al-Bukhari.
Supporting text
In a narration from Abu Hurayrah, the Prophet confirmed the act by asking if penetration occurred until the equivalent of the stylus entering the kohl container or the rope entering the well occurred, demonstrating the necessity of explicit confirmation of the physical act before applying the ruling.