Second: confession.

There is a third means, concerning which there is a difference of opinion; it will be mentioned later.

Regarding testimony, the author says: “by two upright witnesses.” An upright person is one whose religious commitment and integrity of character are sound: he possesses religious commitment and honorable character, having committed nothing that undermines his religion or impairs his honor and integrity. Thus, testimony requires two upright witnesses.

Women’s testimony is not accepted in cases of theft, because hudud punishments are established only by the testimony of men. Thus, if one man and two women testify, the hand is not amputated; if forty women testify, the hand is not amputated; if one man testifies, the hand is not amputated; if one morally corrupt man and one upright man testify, the hand is not amputated; and if two morally corrupt men testify, the hand is not amputated. Two upright men are indispensable.

“Or by a confession made twice, without retracting his confession until the amputation is carried out, …”

His statement, “or by a confession made twice”: this is the second means by which theft is established, and it has two conditions: repetition and persistence.

The first is repetition. The author says, “twice.” If he confesses only once and says, “I stole,” then there is no amputation, because the theft has not been established in the Sacred Law.

The evidence that repetition is necessary is that a thief was brought before the Messenger of Allah, and he confessed that he had stolen. The Prophet said, “I do not think you have stolen.” He replied, “Indeed I have, O Messenger of Allah.” He then ordered that his hand be amputated. (1)