by the husband and she does not confess, she is imprisoned until she engages in mutual imprecation or confesses. The correct view is that the punishment mentioned in the verse is the prescribed punishment, because the man’s testimony—or his mutual imprecation—is regarded as equivalent to establishing evidence. Hence Allah says: “The testimony of one of them shall be four testimonies by Allah that he is indeed of the truthful.”

His statement, “or if either of them omits anything from the five prescribed statements”: it is not valid. This falls under the required formula.

His statement, “or if neither a judge nor his deputy is present”: this is the seventh condition; that is, the judge or his deputy must be present—meaning the qadi or someone he appoints for this purpose. When Hilal (may Allah be pleased with him) informed the Messenger of Allah (peace and blessings be upon him) about what had occurred concerning his wife, he instructed him to bring her, and they engaged in mutual imprecation in the Prophet’s presence (1). Moreover, this is akin to testimony in legal rulings, and testimony is accepted only when the witnesses are present before the judge or his deputy. Thus, if a husband and his wife engage in mutual imprecation in the presence of some people, it is of no avail; the presence of the judge or his deputy is indispensable.

His statement, “or if he substitutes ‘I bear witness’ with ‘I swear’ or ‘I take an oath’”: this is the eighth condition. If either of them substitutes the words “I bear witness” with “I swear” or “I take an oath,” it is not valid, because Allah called it testimony, saying: “The testimony of one of them shall be four testimonies by Allah.” If he says, “I swear by Allah,” it becomes merely an oath. Likewise, if he says, “I bear witness that my wife committed adultery,” or she says, “I bear witness that he is lying,” it is not valid. Therefore, none of the prescribed wording may be substituted with anything else, even if it is synonymous with it.