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The question

What is the ruling on and punishment for an unmarried woman who becomes pregnant, and upon whom among the parents does the right fall?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The opinion of the majority of scholars indicates the nullification of the Hadd (prescribed punishment) for adultery in cases of excuses, citing the incident where Ali (may Allah be pleased with him) instructed the Hamdani woman. The Malikis, however, believe that the Hadd for adultery is established by the appearance of pregnancy in an unmarried woman, and a claim of rape is not accepted unless supported by evidence. Their proof is the narration from Umar (may Allah be pleased with him) concerning stoning and the establishment of the Hadd through pregnancy.

The responsibility of parents in the event of their daughter committing adultery falls into three categories:

1. Parental Negligence: If what occurred was a result of their negligence in care and upbringing, the negligent parent bears the burden of the action, with the father's responsibility being greater as he is the head of the family. 2. No Parental Negligence: If they exerted their utmost effort in prevention and care, and then the daughter deviated, there is no sin upon them, and the daughter alone bears the sin of her action. 3. Causes Beyond Everyone's Control: If the cause was duress (ikrah) that the daughter was subjected to, without negligence from her or her parents, then there is no sin upon any of them, and the aggressor alone bears the sin.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
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Ftawy
Original fatwa ID
98561
Imported
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Source text, unreviewed
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