Suspension of the Ḥadd for Zinā Due to Doubt or Retraction
By: Imrān Ayyūb Lāhorī
❖ Principle
The ḥadd punishment for zinā is dropped in two cases:
- When a shubhah (doubt) arises.
- When the confessor retracts his confession.
❖ Evidences
➊ Ibn Masʿūd (RA) narrated that the Prophet ﷺ said:
“Idra’ū al-ḥudūd bi-l-shubuhāt ma-staṭaʿtum.”
“Ward off the ḥudūd as much as possible due to doubts.”
[Ḍaʿīf: Irwā’ al-Ghalīl: 2316; al-Bayhaqī: 8/238; Tārīkh Dimashq: 19/2/171]
Imām Ibn Ḥazm (رحمه الله) reported this from ʿUmar (RA) as mawqūf. Ibn Ḥajar (رحمه الله) graded its isnād as ṣaḥīḥ.
[Talqīṣ al-Ḥabīr: 4/56; Nayl al-Awṭār: 4/553]
➋ ʿUmar ibn al-Khaṭṭāb (RA):
“It is more beloved to me to drop ḥudūd due to doubts than to enforce them despite doubts.”
[Ibn Abī Shaybah: 11/2/70]
Imām al-Shawkānī (رحمه الله): This proves that dropping ḥudūd due to possible doubts is legislated.
[Nayl al-Awṭār: 4/553]
➌ The Prophet ﷺ said:
“Law kuntu rājamin aḥadan bighayri bayyinah larajamtuha.”
“If I were to stone anyone without proof, I would have stoned her (ʿUjalān’s wife).”
[Muslim: 1497, Kitāb al-Laʿān]
➍ The Case of Māʿiz (RA):
When he confessed four times, the Prophet ﷺ ordered his stoning. During the punishment, he fled. Some struck him until he died. When this was reported, the Prophet ﷺ said:
“Hallā taraktumūh.”
“Why did you not leave him?”
[Ḥasan Ṣaḥīḥ: Ibn Mājah: 2068; al-Tirmidhī: 1428; Aḥmad: 2/286]
In another narration:
“Hallā taraktumūh laʿallahu an yatūba fayatūbu Allāhu ʿalayh.”
“Why did you not leave him? Perhaps he would have repented, and Allāh would have accepted his repentance.”
[Ṣaḥīḥ: Abū Dāwūd: 3716; al-Nasā’ī: 4/305; Irwā’ al-Ghalīl: 2322]
❖ Juristic Opinions
- Aḥmad, al-Shāfiʿī, Abū Ḥanīfah (رحمهم الله):
Retraction of confession is accepted, and the ḥadd is dropped. - Ibn Abī Laylā, Abū Thawr (رحمهم الله):
Retraction after confession is not accepted. One report from Imām Mālik (رحمه الله) supports this.
[Nayl al-Awṭār: 4/500] - Mullā ʿAlī al-Qārī (رحمه الله):
The Prophet ﷺ instructed to leave him, so that perhaps he might repent and Allāh accept his tawbah.
[Mirqāt: 7/152] - al-Baghawī (رحمه الله):
This proves that if someone retracts after confession (saying “I lied” or “I did not commit zinā”), then the remainder of the ḥadd is dropped. This also applies to theft and drinking cases.
[Sharḥ al-Sunnah: 5/467; Tuḥfat al-Aḥwadhī: 4/796]
Conclusion
- Ḥadd is dropped by shubhah to protect from wrongful punishment.
- Retraction of confession is valid according to the strongest view, and the ḥadd is suspended—leaving the matter to Allāh and the sinner’s repentance.
