Proof of Zina

Question

Question: Zayd accused Bakr of zina and presented two witnesses along with himself; on the testimony of the two witnesses a judgement was given imposing on Bakr a fine — a goat or cash rupees — by way of kaffara (expiation). The request is: are two witnesses insufficient to prove an accusation of zina, or can the said kaffara be valid in the Shari‘a? If those witnesses are not sufficient, what is the ruling for the witnesses? And is eating the property taken from the one accused of zina halal or haram?

Answer

This judgement was contrary to the Shari‘a. Two witnesses are not sufficient to prove zina; four eyewitnesses are required. If four eyewitnesses are not present, then in dar al-Islam the Muslim ruler will apply the hadd of qadhf (false accusation of zina)

Source: Fatawa Mahmudiyya

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