A confession of zina is accepted with regard to the one confessing

Question

Two members of the mosque committee had earlier told Bakr about Hinda’s immoral conduct and her relations with someone else (but later these two members also took part with great zeal in the nikah with Bakr). Hinda is not an adult virgin but a widow and a mother of three children, who works as a labourer outside the home; her eldest son is between 13 and 14 years old. In such a situation, according to the Islamic Shari‘a, can Hinda’s statement be considered reliable?

Answer

If Hinda confesses to zina with regard to herself, that confession will be accepted. But if she makes a confession concerning Bakr or someone else, then Bakr or anyone else cannot be declared to have committed zina merely on the basis of her confession, as long as there is no Shar‘i proof (thus in “al-Bahr al-Ra’iq”).

Source: Fatawa Mahmudiyya

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