What is the legal ruling regarding sexual intercourse (wuti') performed on a dead body (maytah)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There are two differing opinions regarding sexual intercourse with a dead body. The first opinion holds that the prescribed legal punishment (Hadd) is applicable. This is the view attributed to Al-Awza'i. The reasoning is that intercourse occurred in the private part of a human being, thus resembling the intercourse with a snake (hayyah), and because this act combines the indecency with the desecration of the deceased's sanctity, making it a greater sin.
Supporting text
The second opinion states that no Hadd is due. This is the view of Al-Hasan. Abu Bakr supports this, arguing that intercourse with a dead body is effectively no intercourse at all because the organ is considered consumed or destroyed, and such a thing is not desired by nature, thus necessitating no legal deterrent (Zajr) via Hadd.