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The question

What is the difference between fornication (zina) and rape in terms of ruling and punishment?

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Source: FtawySummary from Ftawy's records · added here Oct 24, 20261 min readAlso available in العربية
The answer

The fornication that necessitates the ḥadd (prescribed punishment) is the insertion of the glans into a forbidden vagina that is naturally desired, without any semblance of a marital relationship. For the ḥadd to be applied, the fornicator must be an adult, sane, acting willingly, and not ignorant of the prohibition of fornication. The fornicator is either a virgin (bakr) or a previously married person (thayyib). The ḥadd for a free virgin is one hundred lashes, with an additional exile for one year according to some scholars. As for the muḥṣan (previously married) fornicator, their ḥadd is stoning with stones until death.

As for rape, it is compelling a woman to commit fornication, and there is no ḥadd on the woman who is compelled. However, the male who compels (the rapist) is subject to stoning if he is a thayyib and lashing if he is a bakr. He is also obligated to pay the mahr al-mithl (dower of the like) to the woman he raped.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
39724
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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