قَالَ يَحْيَى عَنْ مَالِكٍ، أَنَّهُ بَلَغَهُ عَنْ سُلَيْمَانَ بْنِ يَسَارٍ، وَغَيْرِهِ، أَنَّهُمْ سُئِلُوا عَنْ رَجُلٍ، جُلِدَ الْحَدَّ أَتَجُوزُ شَهَادَتُهُ فَقَالُوا نَعَمْ إِذَا ظَهَرَتْ مِنْهُ التَّوْبَةُ .
Yahya said from Malik that he heard from Sulayman ibn Yasar andothers that when they were asked whether the testimony of a manflogged for a hadd crime was permitted, they said, "Yes, whenrepentance (tawba) appears from him." Malik related to methat he heard Ibn Shihab being asked about that and he said the likeof what Sulayman ibn Yasar said. Malik said, "That is what isdone in our community. It is by the word of Allah, the Blessed, theExalted, 'And those who accuse women who are muhsan, and then do notbring four witnesses, flog them with eighty lashes, and do not acceptany testimony of theirs ever. They indeed are evil-doers, save thosewho turn in tawba after that and make amends. Allah is Forgiving,Merciful.' " (Sura 24 ayat 4). Translation Not Available
Book Ref: Muwatta Imam Malik Book 36 Hadith 1407
Web Ref: Muwatta Imam Malik Book 36 Hadith 4