What is the ruling when four men testify to a woman's adultery, but four trustworthy women testify that she is a virgin?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

If four men testify against a woman regarding adultery (zina), but four trustworthy women testify that she is a virgin, neither the woman nor the male witnesses receive the prescribed punishment (hadd). This view is held by al-Sha'bi, al-Thawri, al-Shafi'i, Abu Thawr, and the Companions of the Opinion (Ashab al-Ra'y). The evidence supporting this is that virginity (bikara) is established by the testimony of women, and its existence apparently prevents adultery, as adultery requires penetration of the vagina, which is impossible if virginity remains. If adultery is negated, the hadd is not obligatory, similar to when evidence proves the accused was castrated (majub). The witnesses are absolved because their number is complete, and there remains a possibility they spoke truthfully, as her hymen might have healed after intercourse, creating a doubt (shubha) that prevents the hadd from being applied to them, though doubt does not establish the hadd against her.

Supporting text

Imam Malik ruled that the woman should receive the hadd because the testimony of women has no bearing in cases of prescribed punishments (hudud), and thus their testimony cannot nullify it.