Protecting societies from zina
Question

                How can four witnesses be brought against the man and woman who commit zina in the present age? 

How can we advise our Muslim youth against this evil action? May Allaah reward you with good.
Praise be to Allah.
    Firstly: 

    The scholars have listed the ways of establishing proof of 
    zina, and there are four ways: 

    1-Testimony of witnesses

    2-Admission by the parties 
    concerned

    3-Pregnancy of a woman who has no 
    husband or master

    4-If the husband engages in 
    li’aan and the wife refuses to take part in li’aan

    With regard to witnesses to zina, they should be four people 
    whose testimony is acceptable, and they should state that they have seen the 
    zina in clear terms, i.e., they should have seen the man’s penis in the 
    woman’s vagina.  If some of them only testify that they saw them naked, or 
    they describe certain positions or movements, that is not sufficient to 
    proof that zina took place. 

    Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in
    al-Sharh al-Mumti’ (6/157): 

    They should describe zina in clear terms, such as saying: “I 
    saw his penis in her vagina”. There is no alternative to that. If they say: 
    “We saw him on top of her and they were naked”, that is not acceptable. Even 
    if they say “We saw him doing with her what a man does with his wife,” that 
    is not sufficient as testimony. They must say “We bear witness that his 
    penis was in her vagina.” And this is very difficult, as the man said who 
    was testified against at the time of ‘Umar: “If you were among the (four) 
    thighs you would never be able to give this testimony.” Hence Shaykh 
    al-Islam Ibn Taymiyah mentioned that at his time no case of zina was proven 
    by means of testimony from the time of the Prophet  (peace and blessings 
    of Allaah be upon him) until the time of Ibn Taymiyah. If no case was proven 
    from that time until the other, then we do not know of any case that was 
    proven by testimony up till our own times, because it is very difficult. End 
    quote. 

    This strictness with regard to testimony about zina serves 
    only to achieve the purpose aimed at by sharee’ah, which is to conceal 
    people and not spread immorality, and to make societies avoid accusations 
    against people’s honour and aspersions on their lineages. 

    Al-Qurtubi (may Allaah have mercy on him) said in 
    al-Jaami’ li Ahkaam al-Qur’aan (5/83): 

    Allaah has stated that testimony in a case of zina must be 
    given by four people, so as to make it hard for those who are testifying to 
    such a thing, and to conceal people. End quote. 

    Shaykh ‘Abd al-Rahmaan al-Sa’di said in his Tafseer 
    (1/563): “Why did they not produce four witnesses?” [al-Noor 24:13], 
    i.e., why did the accusers not bring witnesses to the things they accused 
    them of? “four witnesses” i.e., of good character. “Since they 
    (the slanderers) have not produced witnesses! Then with Allaah they are the 
    liars” – even if they are certain about that in themselves, they are 
    liars in Allaah’s judgement, because Allaah has forbidden them to speak of 
    that without four witnesses. Hence Allaah says: “Then with Allaah they 
    are the liars”, and He did not say “Then they are the liars”. All of 
    this points to the grave sanctity of the Muslim’s honour, so it is not 
    permissible to make accusations against it without establishing testimony. 
    End quote. 

    See also the answers to questions no. 
    839 and 
    6926. 

    Secondly: 

    With regard to protecting our youth and our societies against 
    this evil, it is essential that there be a concerted effort on the parts of 
    nations and societies, on various fronts. It is a communal responsibility, 
    not an individual one. It is not possible to attain the well being of 
    societies without integrated efforts to adopt the means that will protect 
    them against zina and its effects. These means include the following: 

    1 – Spreading awareness of the seriousness of the sin of 
    zina, and that it is one of the major sins which common sense and sharee’ah 
    agree is abhorrent and haraam; explaining that it is the cause of nations’ 
    downfall and that it brings calamities upon this world, and the punishment 
    of Hell on the Day of Resurrection. 

    Imam Ahmad said: After murder, there is nothing worse than 
    zina. Ghadha’ al-Albaab (2/435). 

    Allaah says (interpretation of the meaning): 

    “And come not near to unlawful sex. Verily, it is a 
    Faahishah (i.e. anything that transgresses its limits: a great sin), and an 
    evil way (that leads one to hell unless Allaah forgives him)”

    [al-Isra’ 17:32]

    Shaykh ‘Abd al-Rahmaan al-Sa’di said in his Tafseer 
    (1/457): 

    Allaah describes zina and its evil as “a Faahishah (i.e. 
    anything that transgresses its limits: a great sin” i.e., a sin that is 
    abhorrent according to sharee’ah, common sense and sound human nature, 
    because it is a transgression against the rights of Allaah, the rights of 
    the woman, the rights of her family, and the rights of her husband, and it 
    is spreading immorality, confusing lineages and other evils. The phrase “and 
    an evil way” means it is an evil way for the one who dares to commit 
    this grave sin. End quote. 

    Making the youth aware of the bad effects that result from 
    the spread of this evil, which threatens the stability of families and 
    societies, such as the spread of fatal diseases, the prevalence of 
    illegitimate children, disintegration of the family, children not being 
    cared for properly and having a bad upbringing, increase in the divorce 
    rate, spread of crime and so on. These effects are felt by the societies in 
    which permissiveness in its worst forms is widespread, which could lead to 
    disintegration of those societies and the downfall of those civilizations. 

    3 – Striving to facilitate the shar’i way to have sexual 
    relationships, which is through halaal marriage, by encouraging marriage and 
    explaining that sharee’ah encourages it, and that it is the way of the 
    Messengers, and that the one who gets married has completed half of 
    religion, and that he will be rewarded for keeping himself and his wife 
    chaste. 

    4 – One of society’s responsibilities in this matter is to 
    remove the obstacles that cause delays in getting married. So they should 
    address the poverty that may be an obstacle to marriage, and provide the 
    material means to young people who do not possess enough to keep themselves 
    chaste. In his commentary on the verse (interpretation of the meaning): 
    “And marry those among you who are single (i.e. a man who has no wife and 
    the woman who has no husband) and (also marry) the Saalihoon (pious, fit and 
    capable ones) of your (male) slaves and maid‑servants (female slaves). If 
    they be poor, Allaah will enrich them out of His Bounty. And Allaah is 
    All‑Sufficient for His creatures’ needs, All‑Knowing (about the state of the 
    people)” [al-Noor 24:32], al-Qurtubi said: Marry those among you who 
    have no spouse, for that is the way to achieve chastity. End quote 
    (12/239). 

    In the book al-Amwaal by Abu ‘Ubayd al-Qaasim ibn 
    Salaam (251) it says that ‘Umar ibn ‘Abd al-‘Azeez wrote to his governor in 
    Iraq saying: Seek out every unmarried man who has no wealth and if he wants 
    to get married, then arrange his marriage and give charity to him. 

    Ibn Qudaamah (may Allaah have mercy on him) said in 
    al-Mughni (7/587): 

    A man must keep his son chaste if he needs to get married, 
    and this is the apparent meaning of the view of al-Shaafa’i. End quote. 

    5 – The least that societies and parents can do with regard 
    to this important issue is to stop going to extremes with regard to dowries, 
    or showing off and indulging in excess with regard to the expenses of 
    marriage, or trying to acquire wealth from them. 

    ‘Umar ibn al-Khattaab delivered a speech from the minbar and 
    said:

    “Do not go to extremes with regard to the dowries of women, 
    for if that were a sign of honour and dignity in this world or a sign of 
    piety before Allaah, then Muhammad (peace and blessings of Allaah be upon 
    him) would have done that before you. But he did not give any of his wives, 
    and none of his daughters were given, more than twelve uqiyah.”

    Narrated by Abu Dawood (2106); classed as saheeh by 
    al-Albaani in Saheeh Abi Dawood. 

    Wise people do not disagree on the point that parents’ going 
    to extremes with regard to their daughters’ dowries is one of the causes of 
    the spread of corruption and immorality in their societies. 

    Will Durant said, speaking of the spread of immorality in 
    some western societies in some era of history in his book Mabaahij 
    al-Falsafah (The Pleasures of Philosophy) (127-128): 

    There is no dispute that this is to some extent due to the 
    demands for high dowries made by fathers as the price for their chastity at 
    a time when marriage was, frankly, a commodity to be bought. End quote. 

    6 – One of the most important means by which societies may 
    ward off the evil of zina is spreading an atmosphere of love between 
    spouses, and striving towards the happiness of families by means of love, 
    respect, sincerity, loyalty, rights and duties, for happy families and 
    loving couples are a means of protecting society from deviation and falling 
    into immorality in search of illusionary happiness. 

    7 – Finally, it is essential to strive to establish a 
    conservative and religiously-committed environment which is connected to 
    Allaah, may He be glorified and exalted, in which wanton display and 
    unveiling are unknown, and in which ‘awrahs are covered, in which alcohol 
    and music, which are the promoters of zina, are forbidden, because these 
    things are the fuel for the fire of immorality, so if the society rids 
    itself of them, it will be safe from that fire. 

    You may also benefit from reading the answers to the 
    following questions on this website: 20161 and 
    3234. 

    Useful books on this subject include al-Tadaabeer 
    al-Waaqiyah min al-Zina by Fadl Ilaahi. 

    And Allaah knows best.