Is the person who testifies to adultery (zina) subject to the punishment for false accusation (qadhf) if they do not produce four witnesses?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If the impeaching witness explicitly accuses someone of adultery (zina) and fails to bring four witnesses as required, the punishment for false accusation (Hadd al-qadhf) is incumbent upon them. This is supported by the divine command: "And those who accuse honorable women and then do not produce four witnesses, flog them eighty lashes" (Quran 24:4). Furthermore, a consensus (ijma') is established because Umar flogged Abu Bakra and his two companions for accusing Al-Mughira of adultery, despite their testimony being incomplete, in the presence of the Companions, and no one objected.
Supporting text
Al-Shafi'i holds that the Hadd is not applicable if the statement was made in the context of giving testimony because the accuser did not intend to defame the accused. This view is refuted by the application of the general Quranic verse and the historical precedent involving Umar.