Modern Means of Technology Are Not Sufficient As Evidence in Proving Zina

14-10-2021 | IslamWeb

Question:

If a woman accuses a person of zina, and instead of having four witnesses, she has video proof from a surveillance camera that recorded the incident, would four witness still be needed, or is this sufficient?

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Answer:

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.

Zina (fornication or adultery) is not proven by photography/video, and other modern means; Dar al-Ifta Al-Missriyyah issued a Fatwa to this effect and considered that photography (videoing) is considered a mere indication and not means of proof.

Their Fatwa reads:

“The new matters and scientific methods that have appeared and which can be used in this section, such as genetic fingerprint analysis, visual imaging and audio recording, are nothing more than indications, that cannot reach the level of being used independently as evidence in this section that is restricted by the Sharee’ah...” [End of quote]

The emphasis on being strict in this aspect is the condition of providing four witnesses all of whom should agree on describing it accurately, and all of this is in order to achieve the meaning of Sitr (concealment), which is beloved by Allah Almighty, and in order to protect the honors of people from being violated for the slightest reason. In addition to the fact that this testimony may result in killing in the event that the person is married, and it results in permanent disgrace and scandal for the accused of Zina.

For more benefit on failing to produce four witnesses in accusation of rape, please refer to Fataawa 323002 and 70220.

Allah Knows best.