What is the legal consequence if four witnesses testify to adultery (Zina) but disagree on the location of the act?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
A condition for valid testimony regarding Zina is the consensus of the four witnesses on a single act. If they do not agree, the testimony is incomplete, and all four witnesses are subjected to the punishment for slander (Qadhf). If two testify that the adultery occurred in one house and two testify it occurred in another house, they have not agreed upon a single act of Zina, as Zina in one house is different from Zina in the other, meaning their testimony is incomplete and they incur the punishment for Qadhf. This is the position of Malik and one opinion of Al-Shafi'i.
Supporting text
Abu Bakr held that their testimony is completed, and the person accused of Zina is punished. Al-Khattab considered this view to be an error in transmission because it contradicts established principles and consensus, and fixed punishments are repelled by doubt, thus they should not be mandated by doubt. Al-Nakha'i, the Ashab al-Ra'y, Abu Thawr, and another opinion of Al-Shafi'i hold that neither the witnesses nor the accused are subject to punishment because the witnesses did not testify to a single act of Zina that necessitates the prescribed punishment.