What is the ruling on the accused when four witnesses testify to *zina* but their testimonies conflict regarding location or time?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The accused person receives no punishment (*hadd*) in the established view when the testimonies conflict regarding location or time, because a single act of *zina* was not established by the testimony of four complete witnesses. However, Abu Bakr held that the accused must receive the punishment (*hadd*).
Supporting text
The position holding that the accused receives the *hadd* is considered distant (weak), because the *hadd* is not established if the *zina* is not proven by four complete witnesses. Furthermore, in matters requiring testimony, completeness of testimony is required for one individual; the case requiring the *hadd* demands greater certainty and should be averted by doubt (*shubuhah*).