What is the ruling if an individual who confessed to a crime deserving of stoning retracts the confession before execution?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

If an individual confesses to a crime deserving of stoning and retracts that confession before being executed, the punishment is stopped (Kaffa anhu). Similarly, if he retracts the confession after being flogged but before the completion of the full prescribed flogging, he is spared the remainder.

Supporting text

When an individual who confessed to a Hadd crime retracts his confession, he must be left alone. This is also true if he performs an action indicating retraction, such as fleeing. If M'aaz fled, the Prophet (peace be upon him) stated, 'Why did you not leave him?' Furthermore, a retraction made after the commencement of the Hadd is accepted just as a retraction made before the commencement of the Hadd is accepted, analogous to evidence (Bayyinah).