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Trial and punishment of zina


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Author Topic: Trial and punishment of zina  (Read 82 times)
Hassium
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« on: February 13, 2021, 08:06:10 am »
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Salam all,

A quick question i hope to clarify with you. If a woman is accused of zina, then the accuser must provide witnesses to support the accusation otherwise he or she will be the one punished for making false allegations to ruin the reputation of a chaste woman.

Does the witnesses above have to be eyewitnesses having personally seen the zina take place or anyone with corroborating evidence that can be used to assess the likelihood of it being true? How about cctv footage or phone recordings?

Likewise, when a man is accused of zina, does the the accuser need to provide the court with 4 witnesses even though he or she may have seen the act take place or have circumstantial evidence like photos, recordings etc?

Lastly, is it obligatory to report zina to the justice system if we were to have genuine knowledge of it occuring or have taken place?

Jazakallahu khayran and Allah bless.
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Zainab_M
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« Reply #1 on: February 13, 2021, 11:32:58 pm »
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Salam all,

Does the witnesses above have to be eyewitnesses having personally seen the zina take place or anyone with corroborating evidence that can be used to assess the likelihood of it being true? How about cctv footage or phone recordings?  

Walaikum As-Salaam brother Hassium.   I am quite sure it does not allude to eye-witnesses.  The Quran says nothing to presume that.   In this regard I quote myself at an earlier MV post  "Another profound misunderstanding among many Muslims is that they take the term 'witness' to mean 'eye-witness.'  This again is a blind assumption for which the Quraan gives NO warrants.  Rather, 'witness' simply means a person who can testify in court about whatever he or she may know regarding that matter .. much the same as what it it would mean to be a 'witness' in a court of law today." 



Likewise, when a man is accused of zina, does the the accuser need to provide the court with 4 witnesses even though he or she may have seen the act take place or have circumstantial evidence like photos, recordings etc?

The aspect of 4 witnesses (in other words 4 people who can testify to whatever they know) is the minimal requirement to take the matter to court if there are no other evidences at all.   The Law refers to a time when communities hadn't yet discovered the secrets of technology as created by The Almighty to assist acquire means for evidences like fingerprints, security cameras, DNA etc. etc.   But now, since we do have the benefits of technology, Alhumdulilah, yes I think camera footages would be very acceptable.  Likewise there are other ways of acquiring images and clips via technology, Alhudmulilah.  All these would be fine.    At the same time one also needs to keep in mind that such proofs through technology can also be altered by tampering.  But if an evidence is available which has been ascertained as authentic and free from interference or meddling giving guaranteed or well-founded recourse leading to the incident under investigation considered sufficient for a thoughtful verdict, then obviously it's sufficient in my opinion as it reliably serves the purpose of 4 witnesses.  After all, that's the ultimate goal in all such inquiries.


 
Lastly, is it obligatory to report zina to the justice system if we were to have genuine knowledge of it occuring or have taken place?

Jazakallahu khayran and Allah bless.

As we are aware how Quranic Laws have been misintepreted and misconstrued with plenty of double standards, true Quranic charter based on Quranic rulings, its principles and rationale does not exist in any Muslim country presently.    The extra-Quranic rulings and injunctions differ too much from Quranic principles more often than not.   In circumstances like these, in my opinion a whistleblower would only make matters more complicated, if not worse.  It's best to work hard to keep our own gardens clean, leave others to their own devices and let Allah Almighty be the Final Judge .. and that is inevitable, Alhumdulilah.    If anyone has dependable knowledge of such an occurrence and they happen to know those folks personally, then at a personal level if one decides to counsel them or rationally talk to them, it's of course fine.  But it would not be advisable to go any further.    Such tasks of reformation are within the sphere and responsibility of an honest system which may involve the concepts/principles of “Amr bi al-Ma’ruf Wa Nahy ‘an al- munkar”.  It could reliably be undertaken in the times of the 4 righteous caliphs.  But that standard of honesty and justice exists no more, and vigilante-ism has not proven to be a useful substitute at all.   

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