Written by: Fazilat al-Sheikh Ghulam Mustafa Zaheer Amanpuri Hafizahullah
Question: Are four witnesses necessary for the hadd punishment of adultery?
Answer: The hadd punishment for adultery (stoning or one hundred lashes) becomes obligatory when adultery is proven. The proof of adultery can be established in several ways.
① The adulterer confesses themselves.
② Four just people testify that they have personally seen the act of adultery.
③ Some evidence is found that is equivalent to four witnesses, for example, a real video recording of the act of adultery. If the video is proven not to be fake, it will be equivalent to four witnesses.
❀ If in any case there are fewer than four witnesses, the hadd punishment for adultery will not be established, because less than four witnesses are not accepted for the hadd of adultery.
❀ If a person brings three witnesses but the fourth cannot be found, then the punishment of qadhf (false accusation) will be applied to him, and in the future his testimony will not be considered valid in any matter.
Allah Almighty says:
[وَ الَّذِیۡنَ یَرۡمُوۡنَ الۡمُحۡصَنٰتِ ثُمَّ لَمۡ یَاۡتُوۡا بِاَرۡبَعَۃِ شُہَدَآءَ فَاجۡلِدُوۡہُمۡ ثَمٰنِیۡنَ جَلۡدَۃً وَّ لَا تَقۡبَلُوۡا لَہُمۡ شَہَادَۃً اَبَدًا ۚ وَ اُولٰٓئِکَ ہُمُ الۡفٰسِقُوۡنَ]
Those who falsely accuse chaste women and then do not bring four witnesses, apply the same punishment (in the case of the punishment for slander) to them and do not accept their testimony in the future; these are sinful people.
Reference: An-Nur:4
Allama Al-Kiya Al-Harasi, may Allah have mercy on him (504 AH), says:
[دليل على أن الأربع حد في هٰذا الباب، لا يجوز ان ينقضي منه شيء، ودليل على أن القاذف مكذب شرعا، إذا لم يأت بأربعة شهداء]
This verse is evidence that in the case of (adultery) the minimum number of witnesses required is four; having fewer than four witnesses is not permissible. It is also evidence that if the one who accuses of adultery cannot bring four witnesses, then he will be considered a liar according to Shariah.
Reference: Ahkam al-Quran: 308/4
