Witnessing of illicit sex acts

9-12-2004 | IslamWeb

Question:

I read that for proving a case of fornication or adultery, at least four witnesses should have seen the very act of sexual intercourse. Is it true? Is that practically possible for 4 people to watch the sexual intercourse? Is the stoning to death still practiced in Saudi Arabia?

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Answer:

 

 

 

 

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

 

 

Since fornication and adultery are of the greatest matters and abominable acts, Islam has legislated a deterring punishment for whoever is convicted to have committed these sins. Since Islam is keen on preserving peace in the society and protecting the honour and dignity of the individual, it set some conditions to prove fornication and adultery so that innocent people would not be falsely accused of what they had not committed. For instance, for fornication and adultery to be proven, four witnesses have to have witnessed the act and their testimony would not be accepted unless each one testified that he had seen the male sexual organ inside the vagina of the woman, because it could be that he shared the bed with her without having committed any sex act with her. There is no doubt that it is very difficult to prove fornication and adultery in this way, but it is not impossible. The purpose of this condition is, as we have stated, to protect the honour and dignity of the Muslims.

Allaah knows best.