What is the ruling regarding a man who hires a woman for a task and then commits fornication with her?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The prescribed punishment (Hadd) is obligatory upon both parties if a man hires a woman for a lawful task and commits fornication with her, or if he hires her specifically for the purpose of committing fornication and carries it out. This view is held by the majority of scholars. The evidence for this ruling is derived from the general scope of the Quranic verse regarding illicit sexual intercourse and the supporting authentic narrations (Akhbar), confirming the existence of the underlying reason necessitating the Hadd.
Supporting text
Abu Hanifa holds that there is no Hadd incumbent upon them in these situations because his ownership of her service (usufruct) constitutes a semblance of doubt (shubha) that wards off the Hadd, and a man is not subjected to Hadd for intercourse with a woman whom he legally possesses (in service).