Does a woman forced into sexual intercourse due to extreme necessity, such as thirst, incur a legal penalty?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 2 · Bab 1

Open in Qurani

Primary text

A woman compelled by necessity, such as a woman who complies with a shepherd's demand for sexual relations in exchange for water while suffering from thirst, is not subjected to the legal penalty. This ruling was established when such a case was presented to Umar ibn Al-Khattab, who, upon the counsel of Ali, deemed her compelled by necessity (*mudtarah*), gave her something (provisions), and released her.