of upright character, far removed from evil, and chaste—someone whom no one could impugn in any way—then one of the devils among mankind comes to him, compels him to fornicate with a woman, and threatens to kill him, being capable of doing so. He then commits fornication in order to ward off the coercion, not out of any desire for fornication—yet we say that the prescribed punishment must be carried out on him?!

Thus, the correct view, without doubt, is that coercion is possible in the case of a man and that no prescribed punishment is imposed on him. However, the one who coerces him is subject to discretionary punishment, but not to the prescribed punishment for fornication, because he did not commit fornication.

If you say: We previously discussed, in the chapter on retribution, that when someone compels another person to kill someone, liability rests upon both of them—the coercer and the coerced. We reply: This is a matter of retribution. Thus, if a group jointly conspires to kill someone, they are all executed.

But if several men jointly conspire to fornicate with a woman, and only one of them commits fornication, the prescribed punishment is carried out only on the one who fornicated. Thus, there is a difference between the two cases.

Third: Establishing fornication. It is established only by one of two means: the first is that a person confesses to it four times, in one sitting or in separate sittings, explicitly stating the actual act of intercourse, and does not retract his confession until the prescribed punishment has been carried out upon him.

His statement: “Third: Establishing fornication. It is established only by one of two means: the first is that a person confesses to it four times.” The first means is confession, and the second is proof, namely witnesses. The preponderant view is that fornication may be established by three means: these two means, and a third, pregnancy, the discussion of which will come, if Allah wills.

As for confession, its evidence is the saying of Allah, Most High:

“O you who believe, stand firmly for justice as witnesses for Allah, even if it be against yourselves.” [Quran 4:135]

Testimony against oneself is confession. Thus, Allah, Glorified and Exalted is He, has commanded a person to acknowledge what is due from him, even when it is against himself.

Its evidence from the sunnah is that the Prophet ﷺ ordered stoning on the basis of confession, and ordered flogging