What is the ruling of Islamic law concerning a woman who claimed she was struck while asleep after her pregnancy became apparent and the implementation of the the hadd punishment began?
Scholars differed regarding the ruling on a woman who is not married and becomes pregnant. Ahmad, Al-Shafi'i, and Abu Hanifa held that she should not be subjected to the hadd punishment, due to the possibility that the pregnancy resulted from intercourse under duress, or from (dubious circumstances), or from a pregnancy without intercourse. Malik, on the other hand, maintained that the hadd punishment is obligatory for her unless she presents clear evidence of duress or marriage. The more preponderant view is that she should be subjected to the hadd unless she claims shubha, such as claiming she was intercoursed while asleep, as it is conceivable for a woman to be intercoursed while asleep and not perceive it due to the depth of her sleep. It has been narrated that Umar ibn al-Khattab, may Allah be pleased with him, averted the hadd punishment from a woman who claimed she was intercoursed while asleep.
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Reviewed by El Fatwa's sharia committee.
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