What is the liability for deflowering a woman who is not one's spouse?

General Chapter

Al-Mughni

Book of Dowry (Mahr)

Book 36 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man deflowers a non-mahram woman, the husband owes her the full dower (*mahr*). If the deflowering occurs before consummation following a marriage contract, the husband owes half the dower (*misqa al-sadaq*) and the deflowerer owes compensation (*aqr*). This view is supported by Ahmad, and is related from Ali, his son Al-Hasan, Abdullah ibn Ma'qal, and Abd al-Malik ibn Marwan. The basis for this ruling rests on established narrations concerning analogous incidents, which, being widely circulated and unrefuted, constitute a form of consensus. Furthermore, the deflowering of the hymen is an entitlement established by the marriage contract; thus, when a third party invalidates it, the full dower becomes obligatory upon them, analogous to the invalidation of the right to sexual intercourse.

Supporting text

Al-Shafi'i holds that the deflowerer is liable only for the compensation for the loss of virginity (*arsh bikaratiha*), as this is an injury to a part for which the Sharee'ah has not specified a fixed compensation, thus reverting to judicial valuation (*hukuma*), similar to other unquantified damages. This is further reasoned that if the loss does not fully void the dower regarding the husband, it is even less incumbent upon a third party.