Proof of Zina

To establish the hadd of zina, the occurrence must be proven. It is only proven by one of two matters: --- **FIRST: Confession (Iqrar) - Four Times:** The adulterer must confess four times, even if in multiple sessions. **Evidence:** The Prophet ﷺ acted upon the confession of Ma'iz and al-Ghamidiyyah. As for the requirement of four confessions: Ma'iz confessed before the Prophet ﷺ three times, and he turned him away. When he confessed the fourth time, he established the hadd upon him. **Requirements for Confession:** 1. **He must explicitly describe the zina and intercourse** - because he might mean something other than zina, such as enjoyment that does not require a hadd. The Prophet ﷺ said to Ma'iz when he confessed: "Perhaps you [only] kissed or touched?" He said: "No." And he repeated the clarification with him several times until every possibility was removed. 2. **He must maintain his confession until the hadd is established** - and not retract it. The Prophet ﷺ confirmed with Ma'iz again and again, perhaps he would retract his confession. And because when Ma'iz fled during his stoning, the Messenger of Allah ﷺ said: "Why did you not leave him?!" [Tirmidhi, Ibn Majah - hasan sahih]. --- **SECOND: Four Witnesses:** **Evidence:** Allah says: "Why did they not bring four witnesses?" [An-Nur: 13]. And: "Call upon four [witnesses] from among yourselves" [An-Nisa: 15]. **Conditions for Valid Testimony (7 conditions):** 1. **Four witnesses** - per the above verses. If fewer than four, it is not accepted. 2. **They must be male** - women's testimony is not accepted in the hadd of zina, to honor and protect them, because zina is a shameful act. 3. **They must be just ('udul)** - the testimony of a fasiq (corrupt person) is not accepted. - Allah says: "And call to witness two just men from among yourselves" [At-Talaq: 2]. - And: "O you who believe, if a fasiq comes to you with information, verify it" [Al-Hujurat: 6]. 4. **They must have seen the zina directly and describe it explicitly** - removing all possibilities of other forbidden enjoyment. They say: "We saw his private part in her private part like the kohl stick in the kohl container." Looking at such is permitted in this context because it is needed. 5. **They must be Muslim** - a disbeliever's testimony is not accepted due to lack of established justice. 6. **They must testify in one session** - whether they come together or separately in the same session. 7. **They must agree on one incident** - if they differ, the testimony is not accepted.