ISLAMIC UNIVERSITY IN UGANDAN

GROUP 3 PRESENTATION WORK

ISLAMIC LAW OF EVIDENCE

NAME REG NO.

Kiyuba Jenna 120- 053011-22118

Mugoma John mark 120-053011-22155
Nabwire Hope 119-053011-20099
Cheptoek Jonathan 120-053011-
Nayiga Demit 120-053011-23053

QUESTION 3
Discuss the specific number of witnesses required to prove the offence of Zina as
prescribed by the holy Qur’an 4:15 and 24:4
Discuss the specific number of witnesses required to prove the offence of Zina as prescribed
by the holy Qur’an 4:15 and 24:4
Zina basically refers to the illicit sexual intercourse between a man and a woman who are not
lawfully married or do not suspect to be married.
Zina literally translates to adultery and fornication. Zina has been clearly provided in the Holy
Qur’an as seen under chapter 24:2 which says that unmarried woman or man found guilty of
sexual intercourse lash each of them with 100 lashes and do not be taken by pity for them in the
religion of Allah
witness according to Islamic law basically refers to a person who was present and noticed or it
means a person who has knowledge of an event.
In Islamic law, for one to be able to testify as a witness in the offence of Zina must be an adult
sane Adil Muslim, jurists however disagree on the admissibility of the testimony of a woman. An
adult means a person who has attained puberty, a sane person is one who is capable of
understanding or has the capacity to understand and interpret situations and an adil means a
person of irreproachable and serious character and not to be a liable to suspicion, an adil can also
mean one who acts justly or rightly.
The offence of Zina requires as general rule must have 4 witnesses as prescribed in the Al
Quran (Chapter 4: 15
“Those who commit unlawful sexual intercourse of your women - bring against them four
[witnesses] from among you…”).
Here the verse mentions that in cases of zna four witnesses are required to establish the proof
against an accused woman, with out the presence of the four credible witnesses. It becomes
difficult to prove the offence
Quran 24:4 provides guidelines for accusing someone of zina with proper evidence.
It states;
And those who accuse chaste woman and then do not produce four witness lash them with 80
lashes and do not accept from their testimony ever after and those defiantly disobedient.
From these verses. It becomes clear Islam places ahigh burden of proof on witnesses

Views of scholars
(Imam Abu Hanifah, Imam Malik): if the number is less than 4, the witnesses shall be
punished with hadd qazf (80 stripes).

Basis: practice of Saidina Umar in the case of Mughirah ibn Shu’bah who was accused of
committing zina with another woman but the 4th witness didn’t give a credible evidence.

Umar had punished the 3 witnesses with hadd qazf and released Mughirah because evidence
against him was totally false and unauthentic.

(Imam Shafie and Imam Ahmad): a witness in case of zina is less than 4 shall not be punished
at all, but only the accuser shall be punished. Basis: (Al Quran, 24:4 “And those who accuse
chaste women and then do not produce four witnesses - lash them with eighty lashes and do not
accept from them testimony ever after..” ).

Therefore, it is obvious that the punishment of 80 lashes is for those who accused the chaste
women and not for the witnesses (Al Quran, 2:282 “..let no scribe be harmed or any witness…”).
A witness shall not be punished at all merely on the ground that the number of witnesses in the
relevant case is less than the required quantum.
It is important to note that evidence in any civil or criminal matter is only required when there is
a claim or complaint launched before that in the court failing which the evidence shall not be
taken. But in hudud, the evidence of a witness can be accepted even if there is no complaint
lodged before that in the court because hudud relate to rights of Allah for which all the people
are responsible. So, if a person accuses another person of having committed zina and produce
only 3 witnesses, he alone shall be punished with hadd of qazaf
i.e. 80 stripes and not the witnesses. However, if three persons being accusers (complainants) gv
evidence on the commission of the offence of zina by another person they shall be punished with
hadd of qazaf not being witnesses but being accusers.
Moreover, if a witness is punished merely on the ground that the number of witnesses is less than
four, it shall close the door of evidence in the offence of zina liable to hadd.
In conclusion the offence of Zina basically refers to adultery or fornication it’s priced by the
testimony of four witnesses as required by the Holy Qur’an under Quran 4:15, 24:13 as
discussed above.