Can Requirement Of 4 Witnesses In Adultery Be Fulfilled By A Video?
In case of open adultery, ( e.g. like in a brothel on a regular basis etc. ) or in case a person is known to have a lewd character or loose character, all kind of evidence would be admissible including circumstantial and medical evidence etc. ( it could include video tapes as well ). It comes down to a judge to decide which evidence is appropriate in the given circumstances. However, in case of an accusation made on a chaste man or woman who has had a very good repute in the society and is not known to be involved in any such activity in the past, four (4) eye-witnesses is a must requirement to initiate the proceedings, otherwise there will not be any case against the accused, as Ghamidi Sahab writes: …” the law of Islam is that the accuser shall have to produce four witnesses. Anything less than this will not prove his accusation. Mere circumstantial evidence or mere medical examination in this case are absolutely of no importance. If a person is of lewd and loose character, such things have a very important role, but if he has a morally sound reputation, Islam wants that even if he has faltered, his crime should be concealed and he should not be disgraced in the society. Consequently, in this case, it wants four eye-witnesses for the testimony to initiate the hearing, and if the accuser fails to produce them, it regards him as guilty of qadhf “….
This is not about nature of evidence, it has more to do with protection of a chaste man’s / woman’s repute. That is why four eye-witnesses is an absolute condition and is not subject to any variation.
But if they have a video tape this is not mere jealousy. Why are they being punished- for doing such an act in public. Them making a video is the same as doing it in public nowadays