"Is the Ḥadd penalty applied to a pregnant virgin woman who denies fornication simply because of the pregnancy, and is it possible that her pregnancy resulted from picking up sperm from stagnant water (such as a swimming pool) without fornication? "
Scholars have differed concerning the establishment of fornication by pregnancy. The Maliki school held that it is established and the *Hadd* punishment becomes obligatory merely by pregnancy for a woman who has neither a husband nor a master, unless signs of coercion appear. While the majority of scholars held that mere pregnancy does not establish fornication that necessitates the *Hadd* punishment. The woman is questioned; if she claims coercion, or intercourse occurred with her due to a legal doubt (**), or she does not confess to fornication, she is not subjected to the *Hadd* punishment. It is apparent that the opinion of the majority is more preferable, due to the compassion and discretion it entails. Accordingly, the mere occurrence of pregnancy for an unmarried woman does not necessitate the *Hadd* punishment for fornication.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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