What is the difference between fornication (zina) and rape in terms of ruling and punishment?
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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- Original fatwa ID
- 39724
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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