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The question

Does proving rape require the testimony of four men or eight women, and does this conflict with the prohibition of spying, and how can this be practically applied without falling into legal and ethical pitfalls?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The crime of zina (unlawful sexual intercourse) is proven either by confession or by the testimony of four upright men who witnessed the act clearly. The testimony of women is not accepted, in order to protect reputations and avert suspicions. A Muslim is not required to spy on people; rather, he is forbidden from it, unless he fears the commission of a serious crime such as murder or rape. It is commendable to conceal the sin of one who has committed zina if he has not openly declared it. As for one who openly declares it, he should be exposed and handed over to the ruler if witnesses are available. The Shari'ah has imposed strict conditions for proving zina to protect honor, and has set a severe punishment for it to safeguard religion and morals. It is rare for zina to be proven by witnesses in Muslim societies; rather, it is usually proven by confession or pregnancy.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
20914
Imported
Translation status
Source text, unreviewed
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