What is the ruling on a man having sexual intercourse with another man's female slave (jariyah)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
Having sexual intercourse with another man's female slave constitutes adultery (zina). This applies whether it was with the owner's permission or without it, as this act cannot be made lawful through mere permission or offering. The prescribed legal punishment (hadd) applies, except in two specific situations. The primary scholars, including Malik, the people of Madinah, Al-Awza'i, Al-Shafi'i, and the People of Opinion (Ahl al-Ra'y), hold this view. The ruling is based on the principle that such an act is unlawful and not permissible through the owner's permission, as it involves intercourse outside one's property rights.
Supporting text
Al-Thawr and Ibn al-Mundhir hold that the hadd must be applied, arguing that intercourse outside of ownership, similar to a father having intercourse with his son's slave girl, necessitates the hadd unless there is an established consensus preventing it.