What is the ruling on participating in paying compensation to the family of a girl who was raped by a man, and what is the ruling on taking this money, knowing that tribes are the ones who rule on this matter in a country governed by a Christian?

Financial compensation for adultery takes two forms: The first is specific to forced adultery, where the adulterer is obligated to pay the mahr (dower) and the arsh al-bakara (compensation for loss of virginity) – if she was a virgin – to the coerced woman. This money is obligatory upon the adulterer personally and is not borne by the tribe. This is an application of Islamic law.

The second form is for compensation to be a system followed in all cases of adultery, with the tribe being obliged to participate in it. This is an arrangement for the dowers of prostitutes, and it is among the invalid rulings of the Jahiliyyah (pre-Islamic era); because Islamic Sharia is obligatory for application in all circumstances. And whoever does not judge by what Allah has revealed is a disbeliever. It is impermissible to seek judgment from tribal customs and traditions that contradict Islamic law.

The majority of jurists hold that a woman coerced into adultery is entitled to the mahr al-mithl (dower of her peers) from the adulterer, and some add the arsh al-bakara. The Aqilah (male relatives responsible for blood money) do not bear this dower. Whereas the Hanafis do not obligate a dower for the coerced woman.

If the adulterer causes the coerced woman to become pregnant, he is obligated to pay the mahr and compensation, and jurists differ in its estimation. The point is that the mahr is paid only to the coerced woman from the adulterer’s money after the adultery is proven and the hadd (prescribed punishment) is carried out, and it is not paid to the willing participant.