if testimony is established, or there is pregnancy and confession.” None of the Companions objected to this, indicating their consensus on it and their acceptance of this position.
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As for establishing liability to the prescribed punishment for unlawful intercourse through testimony, all scholars agree that it cannot be carried out on the testimony of fewer than four upright male witnesses who directly witnessed the act, like a kohl applicator in its container. The basis for this is the saying of Allah, Mighty and Majestic:
“If any of your women commit indecency, call four witnesses from among you to testify against them.” [al-Nisā’: 15]
And His saying:
“Those who accuse chaste women, then fail to produce four witnesses…” [al-Nūr: 4]
It has been reported that some permitted the testimony of three men and two women in cases of unlawful intercourse, but this contradicts the Quran. Various explanations have been offered for requiring four witnesses in cases of unlawful intercourse, unlike other matters. One is that the accuser has no compelling need to make the accusation. The requirement is therefore made more stringent by increasing the number of witnesses, so that he will generally be unable to produce them and will consequently receive the prescribed punishment. This deters him from repeating the accusation and protects the accused from harm.
Another explanation is that a person is commanded to conceal his own faults and those of others. Since witnesses to unlawful intercourse are not obliged to come forward with their testimony, yet do so voluntarily and abandon the concealment they were commanded to observe, the requirement is made more stringent for them as a means by which Allah conceals His servants’ faults. This is the best explanation offered on this matter.
It has also been said that unlawful intercourse requires four witnesses because it amounts to two acts: unlawful intercourse on his part and on hers—his act and her allowing it. Each act therefore requires two witnesses. This explanation, however, is open to question. Success comes from Allah.
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If fewer than four witnesses testify that they directly witnessed unlawful intercourse, they receive the prescribed punishment. They are not excused on the grounds that they came forward to give testimony rather than to make an accusation. There is no disagreement about this. Opinions differ, however, when fewer than four testify to the testimony of four others who directly witnessed unlawful intercourse. One view is that they are accusers of unlawful intercourse and must receive the prescribed punishment. This is