41. The Book of Ḥudūd (Prescribed Penalties)

Illicit sexual intercourse (zina) is proven either by evidence or by confession.

1. Evidence: Four witnesses must testify that a man or a woman committed zina. The imam questions them about the act: What exactly was it? How did it occur? Where did it take place? With whom? And when? If they clarify all of that and say, “We saw him penetrate her—like a kohl-stick entering its case,” and the judge investigates their character and finds them upright both publicly and privately, he rules on the basis of their testimony.

2. Confession: A mentally competent adult must confess to zina against himself four times, in four separate sittings. Each time he confesses, the judge sends him away. When the four confessions are complete, the imam asks him the same questions about the act—what it was, how it was, where it occurred, and with whom. Once he explains, the ḥadd becomes obligatory.

If the perpetrator is muḥṣan (one who has previously consummated a valid marriage), he is stoned to death. He is taken to an open area; the witnesses begin the stoning, then the imam, then the people. If the witnesses refuse to start, the prescribed penalty is dropped.

If the case rests on a confession, the imam begins the stoning, followed by the people. The body is then washed, shrouded, and the funeral prayer is performed.

If the offender is not muḥṣan and is free, his ḥadd is one hundred lashes. The imam orders that he be struck with a whip that has no knots, with moderate force. His clothing is removed, and the blows are distributed over his body except for the head, face, and private parts.

If he is a slave, he is lashed.