from among you." And because those who testified to a hadd in the era of the Prophet (peace and blessings of Allah be upon him) and his Companions were not rebuked for their testimony. It is recommended for the Imam and others to hint at refraining from testifying, based on the statement of Umar to Ziyad: "I see a man and I hope that Allah does not disgrace a man from the companions of the Messenger of Allah (peace and blessings of Allah be upon him) at his hands." Since leaving it is superior, there is no harm in indicating that preference. It has been narrated that a man asked Uqba ibn Amir, saying: "I have neighbors who drink wine, should I report them to the authority?" Uqba ibn Amir replied: "I heard the Messenger of Allah (peace and blessings of Allah be upon him) say: 'Whoever conceals the fault of a Muslim, Allah will conceal it for him in this world and the Hereafter.'"

Section: If four witnesses testify against a woman for adultery, and reliable women testify that she is a virgin, then there is no hadd upon her, nor upon the witnesses. Al-Sha'bi, Al-Thawri, Al-Shafi'i, Abu Thawr, and the adherents of reason (As-hab al-Ra'y) stated this. Malik said: The hadd applies to her, because the testimony of women has no place in hadd punishments, so it cannot be dismissed by their testimony. Our position is that virginity is established by the testimony of women, and its existence prevents the occurrence of adultery outwardly, because adultery cannot occur without penetration into the vagina, and that is not conceivable with the remaining of virginity; for a virgin is she who has not been penetrated in her front passage. If adultery is negated, the hadd does not become mandatory, just as if evidence were established that the person testified against for adultery is impotent (majbub). The reason the hadd is not mandatory upon the witnesses is due to the completeness of their count, combined with the possibility of their truthfulness, as it is possible that he had intercourse with her and then her virginity returned; this constitutes a doubt that wards off the hadd from them, without mandating it upon her, for the hadd is not mandatory based on doubts. It is required to suffice with the testimony of one woman because her testimony is accepted in matters that are not witnessed