whereas punishing someone when we doubt that he has committed the offense is not permissible. It would mean treating something merely possible and unconfirmed as established; this would be judging on the basis of conjecture. Allah, Exalted is He, says:
“O you who believe, avoid much suspicion. Indeed, some suspicion is sinful.” [al-Hujurat 49:12]
Especially since such a punishment would damage the person’s reputation among people and impair his standing as a trustworthy person. This is no trivial matter. Accordingly, if any legal ambiguity exists that may excuse this fornicator or adulterer, it is not permissible for us to impose the prescribed punishment upon him.
As for the hadith, “Ward off the prescribed punishments from Muslims by ambiguities, as far as you are able” (1), it is a weak hadith and cannot serve as proof. Yet how often those who are lax in enforcing the prescribed punishments rely upon it: whenever cases arise in which the prescribed punishments may be as clear as the sun, they say, “The Prophet, may Allah’s peace and blessings be upon him, said: ‘Ward off the prescribed punishments by ambiguities,’” until they treat as an ambiguity that which is not an ambiguity. In relying on a hadith, however, we need two things:
First: that the hadith be established as authentic.
Second: that the relevant basis be properly ascertained: is this an ambiguity or not?
But the reason we have mentioned is clear: it is not permissible to