What is the ruling concerning a usurper having sexual intercourse with a usurped female slave?
General Chapter
Al-Mughni
Book of Usurpation
Primary text
When a usurper has intercourse with a usurped female slave, he is considered an adulterer (Zānī) because she is neither his lawful wife nor his property. If he was aware of the prohibition, he must receive the Hadd punishment for adultery, and he owes the equivalent of her Mahr (dower) to her owner, regardless of whether she consented or was coerced. The refusal of Mahr when she consents is based on the prohibition of Mahr for a prostitute (Baghī). This refusal is not applicable here because the right to the Mahr belongs to the owner, and it is not waived by her consent, just as her permission to have her hand cut off would not waive the liability for cutting her hand. Since the right is due to the owner even under coercion, it must be due under her consent, similar to the compensation for her benefits.
Supporting text
There is a differing opinion that no Mahr is due if the slave consented, based on the Prophet's prohibition of the Mahr of a prostitute (Baghī).