What is the liability of a man who forcibly compels a woman to commit Zina (fornication/adultery) resulting in penetration?
Chapter on Diyat (Blood Money) for Wounds
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a man compels a woman to commit Zina, and penetration occurs, he is liable for one-third of her Diyah (blood money) and the Mahr al-Mithl (dower equivalent to her peers). This liability arises because the act involved an illicit penetration that was neither permitted nor authorized, thus obligating him to compensate for the damage caused, similar to other physical injuries (Janaayat).
Supporting text
There are two differing legal opinions regarding whether the assailant is also liable for the 'Arsh al-Bikara' (compensation for loss of virginity) in addition to the above liabilities. One opinion states that the Arsh is not due because it is implicitly included within the Mahr al-Mithl, as the dower for a virgin is greater than that for a non-virgin, and thus, compensating the difference covers the loss of virginity, preventing double compensation. The second opinion states that the Arsh must be guaranteed because it is a specific physical component damaged by his aggression, similar to causing damage with a finger.