Is there a prescribed legal punishment (Hadd) for a woman subjected to sexual intercourse under compulsion (Ikrah)?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
There is no prescribed legal punishment for a woman who is forced into sexual intercourse. This is the position held by the general body of scholars, including Umar, Al-Zuhri, Qatadah, Al-Thawri, Al-Shafi'i, and the Companions of opinion (Ahl al-Ra'y). The evidence for this ruling is the saying of the Messenger of Allah, peace be upon him: "My Ummah is pardoned for error, forgetfulness, and what they are compelled to do." Furthermore, it is narrated that during the time of the Messenger of Allah, peace be upon him, a woman was coerced, and the prescribed punishment was waived for her. Umar ibn Al-Khattab also dealt with slave girls who were coerced by young guards, striking the guards but not the slave girls. Similarly, a woman brought before Umar who claimed she was violated while sleeping had her case dismissed without punishment. The legal rationale is that coercion constitutes a doubt (*shubhah*), and prescribed punishments must be waived in the presence of doubts.
Supporting text
The form of coercion is immaterial; there is no distinction between coercion through physical overpowering (al-ilja') and coercion through threats, such as the threat of death. This principle was explicitly stated concerning a woman forced by a shepherd to grant him intimacy in exchange for water when she was dying of thirst, where she was deemed one compelled by necessity (*mudtarah*).