Oral Testimony in Offences of Zina (Fornication/Adultery) under Maliki School of Thought
The means of proving the offence of Zina (fornication/adultery) under Maliki School could be
through any of these means, thus, four (4) males, muslims, adult and credible witnesses, or (2)
voluntary admission/confession; or (3) circumstantial evidence (unaccounted pregnancy from
unmarried woman). For the testimony of witnesses to ground conviction the witnesses must be
unanimous in describing the penetration of the male accused penis into the virgina of the
female accused as well as witnessing the said act as described at the same time and place. In
the event of inconsistencies or differences in explaining any of the above, their testimony will
not be admissible and each of them will be punished with eighty lashes for committing false
accusation (Qazf). It should be noted that Maliki School's opinion is the recognized opinion by
law that should be applied before Shari'a/Area Courts and Shari'a Court of Appeal. This paper
examined the authorities relied upon by Maliki School which stipulates that, in the case of the
offence of Zina, if the witnesses are not up to four or where they are four but an inconsistency
or differences is found in their testimony each of them is guilty of the offence of false accusation
(Qazf) with a view to highlight the conflict between the said opinion and the Qur'ani chapter
14, verse 4. The paper adopted doctrinal research approach wherein relevant existing
literatures were analyzed.
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