“Fatwa No. 101972”

Although this fatwa has to do with specifically with stoning, it mentions some rulings that concern the hadd punishment for adultery (zina.) There are five conditions for an individual to be rightfully found guilty of adultery: 1.) intercourse, 2.) Within a valid marriage, 3.) Being an adult, 4.) Being of sound reason, 5.) Beings free (i.e., not a slave.) Concerning the second condition, the opinion states: “The second condition is that it should be proven that the hadd punishment is deserved, by the testimony of four male witnesses who saw the private parts meet, or the person should freely admit to having committed zina, without being forced to do so.” Concerning the carrying out of the punishment, the opinion/fatwa states: “If it is proven that he deserves the hadd punishment, it is not permissible for individuals to carry out this punishment themselves. Rather the matter must be referred to the ruler or his deputy to prove the crime and carry out the punishment, because if individuals carry out hadd punishments, that will lead to a great deal of corruption and evil.” In other words, individuals cannot lawfully carry out the hadd punishment on their own, and the “judges knowledge” method of proving guilt is un-Islamic.