Is the pregnancy of an unmarried woman evidence of zina?
Scholars have differed on establishing the hadd (prescribed punishment) for zina (unlawful sexual intercourse) based on the pregnancy of a woman who has neither a husband nor a master. The majority held that she is not to be punished with hadd, due to the possibility that the pregnancy resulted from intercourse under a misconception (waty ) or duress (ikrah), and hadd is averted by doubt (shubha).
However, the Malikis held that the hadd for zina is established by the appearance of pregnancy in a woman who has no husband, and that her claim of being raped is not accepted unless there is corroborating evidence. Their proof is the of Umar (may Allah be pleased with him): "And stoning in the Book of Allah is a truth for whoever commits zina if he is a married person... if there is proof, or pregnancy, or confession."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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