Is a woman subject to the Hadd punishment if two witnesses testify she committed adultery under duress, and two others testify she committed it willingly?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The woman is exempt from the Hadd punishment by consensus because the full testimony required to establish a Hadd-worthy act was not completed. This applies because the act of willing adultery is distinct from the act of adultery under duress, and the required number of witnesses (four) was not completed for either single act.
Supporting text
The ruling concerning the man (perpetrator) has two differing views. The primary view, held by Abu Bakr, Al-Qadi, the majority of Ashab (Hanbali scholars), Abu Hanifa, and one opinion among the Shafi'is, states that no Hadd is applied to him because the evidence was not completed regarding a single, unified act. Furthermore, each set of two witnesses invalidates the testimony of the other set, which prevents the acceptance of the testimony or constitutes a doubt (*shubha*) warranting the remittance of the Hadd. The second view, chosen by Abu Al-Khattab, Abu Yusuf, Muhammad, and a second opinion among the Shafi'is, states that the Hadd must be applied to the man because the testimony was completed regarding the existence of adultery committed by him; the disagreement among the witnesses concerns her manner of participation (duress vs. willingness), which does not prevent the completion of the testimony against him.