What is the ruling on a former husband raping his ex-wife by force and having intercourse with her for two days a year after their divorce, and what are the implications of this regarding the waiting period ('iddah), making up the two days of fasting, the ruling on aborting a pregnancy resulting from the rape, the punishment for the perpetrator, and the ruling on adultery for her? Is it permissible for a righteous man to propose to her after this incident, in accordance with the verse: "And no bearer of burdens will bear the burden of another"? And what advice should be given to her?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the raped woman is a divorcee (bāʾin), then what occurred is zina (unlawful sexual intercourse). The waiting period (ʿiddah) for a woman who has been subjected to zina is the same as that of a divorced woman, which is three menstrual cycles, as a precautionary measure. The coerced woman is not called an adulteress (zaniyah), and her marriage is permissible. Whoever intends to cover her (i.e., protect her reputation) will be rewarded. We advise her to be patient and steadfast. The punishment for the rapist is the punishment for the adulterer (zāni).
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/128241
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 128241
- 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.
- Read the full ruling
- Read the full answer on Ftawy