Question:
Assalamu alaikum sheikh,
I have a Question in the ruling on zina. If the husband caught his wife red-handed of doing zina with a man, is it must to have 4 witness to proof it? This ruling seems unlogical, because no one will do zina in public. Please clarify.
Answer:
Waalaykumussalam warahmatullah.
Surat al-Nur (24):
4 And those that cast accusations at the well-guarded women, after which they fail to produce four witnesses, then flog them with eighty lashes and do not accept from them any testimony ever. And those ones—they are the depraved,
5 except those that repented after that and made amends. For verily the One God is Most Forgiving, Most Merciful.
6 And those who cast accusations at their spouses but do not have witnesses except themselves—then the testimony of such a one with four testimonies by the One God, verily he is indeed of the truthful ones!
7 And the fifth one is that the curse of the One God is upon him if he is of the lying ones!
8 And it wards off punishment from her that she testify with four testimonies by the One God, verily he is indeed of the liars!
9 And the fifth one is that the anger of the One God is upon her if he is of the truthful ones!
10 And were it not for the bounty of One God over you and His mercy, and that the One God is Oft-Relenting, All-Wise!
Hajj Gibril Haddad