What is the ruling regarding a man who commits fornication (Zina) under duress?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The ruling is that the prescribed punishment (Hadd) is obligatory for the man forced into Zina. This is the position of our scholars, Muhammad bin Al-Hasan, and Abu Thawr. The evidence is that sexual penetration (intishar) necessitates the commission of the act, and duress contradicts it. Therefore, the presence of penetration negates the claim of complete compulsion, making the Hadd incumbent, similar to being forced into an act other than Zina where Zina then occurs.
Supporting text
Abu Hanifa ruled that if the Sultan forces him, there is no Hadd, but if another forces him, the Hadd is applied based on Istihsan (juristic preference). Al-Shafi'i and Ibn al-Mundhir hold that no Hadd is applied due to the general nature of the report and because punishments are waived by doubt (shubuhat), and duress constitutes a doubt. They equate the forced man to a forced woman, for whom no Hadd is applied.