What is the ruling when witnesses testify to Zina occurring in two separate, distant corners of a house?
General Chapter
Al-Mughni
Book of Judicial Rulings
Primary text
When two witnesses testify that Zina occurred in one corner of a house, and two others testify it occurred in a second, distant corner, all four witnesses are subject to the Hadd of slander. This is because the single act of Zina cannot physically occur in two mutually exclusive locations simultaneously.
Supporting text
Abu Hanifa and Abu Bakr hold that the testimony is accepted and the accused is subject to Hadd, based on Istihsan (juristic preference). However, the prevailing view is that since the two locations are physically irreconcilable for one act, the testimony is rejected, rendering the testifiers slanderers.