[Hanbali]

Question: Can a single woman be accused and convicted of fornication on the strength of her falling pregnant?

Answered by Sheikh Sulaymân al-`Îsâ, professor at al-Imâm University in Riyadh
If a woman confesses that her baby was born from an illegal relationship or in case four witnesses of impeccable character testify that she had committed adultery – meaning that they were eye-witnesses to the sexual penetration – then she will be subject to conviction in the Islamic courts. Likewise, if a man confesses to adultery or four witnesses of impeccable character testify that he had committed adultery then he will be subject to the legal punishment. She is no different than a man in this regard.

In case there are no witnesses and no confession then the woman will not receive punishment just because of pregnancy. Women can fall pregnant without committing illegal sexual intercourse. A woman could be raped or coerced. In this case, she is a victim and not the perpetrator of a crime.

Therefore, she cannot be punished or even accused of misconduct merely on the strength of her falling pregnant. This opinion is held by many people of knowledge. Ibn Qudâmah said in his book al-Mughnî:

If a woman becomes pregnant without having a husband or a master, she may not be punished and, in stead, she should be asked about it, if she claimed that she was coerced into it or that she committed adultery under dubious circumstances, or if she simply does not confess adultery then she will not be punished. This is the saying of Abu Hanîfah and al-Shâfi`î ,because she may be pregnant as a result of a forceful intercourse or dubious circumstances. Punishment will be abandoned in case suspicion exists. It is well known that a woman could become pregnant without engaging in true intercourse. The woman may become pregnant if sperm is manually inserted into her vagina. This would explain how a virgin becomes pregnant.

This is clearly the correct and most just ruling on the matter.

Islamtoday.Com - Pregnancy not proof of fornication

[Timbit]

Originally Posted by Hanbali

It is well known that a woman could become pregnant without engaging in true intercourse. The woman may become pregnant if sperm is manually inserted into her vagina. This would explain how a virgin becomes pregnant.

Rare, but yeah... that means if she was violated?

What if it had been consensual manual sperm insertion? I mean, not intentionally of course... nobody's going to insert sperm in their vagina intentionally if they don't want to get pregnant. But still... not zina 'cause it's not intercourse?

[Hanbali]

Originally Posted by Timbit

Rare, but yeah... that means if she was violated?

What if it had been consensual manual sperm insertion? I mean, not intentionally of course... nobody's going to insert sperm in their vagina intentionally if they don't want to get pregnant. But still... not zina 'cause it's not intercourse?

In order to carry out the hadd, it requires penetration.

There are different degrees of Zinnah, Major and Minor Zinnah.

[Timbit]

Originally Posted by Hanbali

In order to carry out the hadd, it requires penetration.

There are different degrees of Zinnah, Major and Minor Zinnah.

"Sperm insertion" is penetration (sorry, I keep calling it that... I only know one other word for it and it's kinda crude). I guess you mean penetrative intercourse.

[Hanbali]

Originally Posted by Timbit

"Sperm insertion" is penetration (sorry, I keep calling it that... I only know one other word for it and it's kinda crude). I guess you mean penetrative intercourse.

I mean penetration of the male organ into the you know....

[Timbit]

Originally Posted by Hanbali

I mean penetration of the male organ into the you know....

The vagina, yes. I'm sorry, I mean "the baby making place"... ahahaha. I remember an Islamican euphemistically called it that. Sorry if it was you.

Okay, thank you.

[jinnzaman]

I believe the Maliki madhab holds a different opinion on this, but allahu alim.

[Salika]

Ya, there's difference amongst the jurists....

[the_only_one]

Originally Posted by Hanbali

Question: Can a single woman be accused and convicted of fornication on the strength of her falling pregnant?

Answered by Sheikh Sulaymân al-`Îsâ, professor at al-Imâm University in Riyadh
If a woman confesses that her baby was born from an illegal relationship or in case four witnesses of impeccable character testify that she had committed adultery – meaning that they were eye-witnesses to the sexual penetration – then she will be subject to conviction in the Islamic courts. Likewise, if a man confesses to adultery or four witnesses of impeccable character testify that he had committed adultery then he will be subject to the legal punishment. She is no different than a man in this regard.

In case there are no witnesses and no confession then the woman will not receive punishment just because of pregnancy. Women can fall pregnant without committing illegal sexual intercourse. A woman could be raped or coerced. In this case, she is a victim and not the perpetrator of a crime.

Therefore, she cannot be punished or even accused of misconduct merely on the strength of her falling pregnant. This opinion is held by many people of knowledge. Ibn Qudâmah said in his book al-Mughnî:

If a woman becomes pregnant without having a husband or a master, she may not be punished and, in stead, she should be asked about it, if she claimed that she was coerced into it or that she committed adultery under dubious circumstances, or if she simply does not confess adultery then she will not be punished. This is the saying of Abu Hanîfah and al-Shâfi`î ,because she may be pregnant as a result of a forceful intercourse or dubious circumstances. Punishment will be abandoned in case suspicion exists. It is well known that a woman could become pregnant without engaging in true intercourse. The woman may become pregnant if sperm is manually inserted into her vagina. This would explain how a virgin becomes pregnant.

This is clearly the correct and most just ruling on the matter.

Islamtoday.Com - Pregnancy not proof of fornication

This post alludes me to a hadith where a woman came to Prophet (pbuh) and claimed that
fetus in her womb was illegitimate etc...and she was ordered to give birth to the child and come back in the court. Later, she returned and was sent back to raise the baby etc..at the end she was forgiven...

i'll look up the hadith and if anyone knows which hadith im talking about. please feel free to post.

[Hanbali]

Originally Posted by the_only_one

This post alludes me to a hadith where a woman came to Prophet (pbuh) and claimed that
fetus in her womb was illegitimate etc...and she was ordered to give birth to the child and come back in the court. Later, she returned and was sent back to raise the baby etc..at the end she was forgiven...

i'll look up the hadith and if anyone knows which hadith im talking about. please feel free to post.

Yes, it was a Ghamidi women, who came to the Prophet [s] seeking expiation for her sin of zinnah. The Prophet [s] kept turning her away, abstaining from punishing her. She weaned her child and came back after that, and again implored the Prophet [s] to punish her. Finally, the Prophet [s] accepted, and she was stoned to death, as per her wish to attain expiation. And it was said about her that she had repented enough for all of them.

[Rambo]

Prophet (s) was a very merciful man, however many muslims these days are not merciful and they would jump to punish a women.