Enforcement or removal of so-called hadd punishment for adultery (zina) committed by the culpable ignorant person who is aware of his own ignorance: Two conflicting interpretations from a hadith

Articles in Press

Document Type : Original Article

Authors
Mohammad Hasan Hasani
Khadije Shirvani
Assistant Professor, Faculty of humanitarian sciences, University of Damghan, Damghan, Iran
10.30497/sj.2026.248778.1498
Abstract
Based on Sharia evidence, there is no doubt regarding the removal of so-called ḥadd punishment for adultery committed by the Inculpable ignorant (Jāhel qāṣer) and the culpable ignorant person who is unaware of his own ignorance (Jāhel moqasser gheyr moltafet). However, regarding the removal of so-called ḥadd punishment for adultery committed by the culpable ignorant person who is aware of his own ignorance (Jāhel moqasser moltafet), there are two conflicting views : the first view is the enforcement, and the second view is the removal of so-called ḥadd punishment committed by the culpable ignorant person who is aware of his own ignorance.The phrase 'the establishment of conclusive proof (hujjat) ' in the Yazid al-Kinasi's hadith is the source of this disagreement. The latter part of the hadith states:: 'What if he knows that the waiting period (Eddeh) is obligatory upon him but does not know its duration?' The Imam (A.S.) replied: 'In this case, the proof (hujjat) has been established against him - he should have inquired until he became aware. The findings of this study demonstrate that the second interpretation - removal of the so- called ḥadd punishment and imposing so-called ta'zīr (discretionary) punishment on an culpable ignorant person who is aware of their ignorance yet fails to investigate, despite the existence of apparent evidence indicating prohibition - aligns with the intent of the Lawgiver (Shāre'). Otherwise, the taʿzīr punishment is also removed
Keywords
Inculpable ignorant
Culpable ignorant
Doubt about Zina
Removal of had
Hadith
Yazid Kinasi
Research Letter of Social Jurisprudence (Interdisciplinary Researches in Jurisprudence/ Researches In Jurisprudence)

Articles in Press, Accepted Manuscript
Available Online from 13 June 2026

  • Receive Date 18 August 2025
  • Revise Date 03 June 2026
  • Accept Date 13 June 2026