Who is liable for the death of a woman resulting from complications following sexual assault under coercion, and under what conditions is the liability assigned to the perpetrator?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
If a man coerces a woman into committing fornication, and she subsequently becomes pregnant and dies during childbirth, the coercer bears the financial responsibility (Diyah) for her death, as it resulted from his action, and this liability typically falls upon his 'Aqilah.
Supporting text
However, if the proof of coercion and subsequent death can only be established through the perpetrator's own confession, then the Diyah becomes his personal liability, as the 'Aqilah does not bear responsibility for debts arising from a confession.