What details must be included in testimony regarding Zina (unlawful sexual intercourse)?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
Testimony of Zina must include the names of the fornicator and the woman involved, the location of the act, and a description of the act itself. This is required because the term 'Zina' can be used for acts that do not incur the prescribed punishment (Hadd), and a witness might mistakenly consider something Zina when it is not. Specification of the woman is necessary to ensure she is not someone permissible for the accused to marry or one with whom there is some doubt regarding the legality of intercourse. Specifying the location prevents the testimony from being interpreted as covering two distinct acts.
Supporting text
Some jurists hold that mentioning the woman and the location is unnecessary, arguing that the location is merely the site of the action and thus analogous to time, whose mention is not required.