Is the prescribed punishment (Hadd) incumbent upon one who has sexual intercourse with a woman to whom he has a right of retaliation (Qisas)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment (Hadd) is obligatory upon the man who engages in sexual intercourse with a woman over whom he has a right of retaliation (Qisas). This is because the right of Qisas upon her is a right belonging to him, and therefore, the Hadd is not waived for him, similar to a debt.