Proving zina (unlawful sexual intercourse) by the pregnancy of a woman who has no husband
Machine translationRead the Arabic original
Question:
The questioner asks: Honorable Shaykh, may Allah protect you, if a woman who has no husband and no master becomes pregnant, is she to be punished if she did not give birth to her brother, and there are indications and suspicion that the cause of the pregnancy is zina?
Answer:
This is a matter of scholarly disagreement: does pregnancy establish the proof of zina? If a woman who has no husband and no master becomes pregnant, does that establish the hadd (fixed punishment)? Because her pregnancy is evidence of her zina; she did not become pregnant except through zina, as long as she has no husband and no master, and she has become pregnant, so this is evidence of her zina. This is what 'Umar ibn al-Khattab (may Allah be pleased with him) said: "If the evidence is established, or if there is pregnancy..." He said this on the minbar, "or if there is pregnancy, then pregnancy is considered evidence, and zina is established based on it, provided that suspicions are ruled out."
The second opinion is that pregnancy is not considered valid evidence to establish the hadd, because pregnancy allows for the possibility that she was forced and coerced. It is also possible that she became pregnant through water, because a woman can become pregnant without intercourse, through a man's water; she is fertilized by it, placing it in her private parts and being fertilized by it. Since pregnancy is a possibility, and the Prophet (peace and blessings be upon him) said, then the hadd is not established by it. This is the correct view: the correct view is that the hadd is not established by pregnancy because it allows for several possibilities.
The questioner asks: Honorable Shaykh, may Allah protect you, if a woman who has no husband and no master becomes pregnant, is she to be punished if she did not give birth to her brother, and there are indications and suspicion that the cause of the pregnancy is zina?
Answer:
This is a matter of scholarly disagreement: does pregnancy establish the proof of zina? If a woman who has no husband and no master becomes pregnant, does that establish the hadd (fixed punishment)? Because her pregnancy is evidence of her zina; she did not become pregnant except through zina, as long as she has no husband and no master, and she has become pregnant, so this is evidence of her zina. This is what 'Umar ibn al-Khattab (may Allah be pleased with him) said: "If the evidence is established, or if there is pregnancy..." He said this on the minbar, "or if there is pregnancy, then pregnancy is considered evidence, and zina is established based on it, provided that suspicions are ruled out."
The second opinion is that pregnancy is not considered valid evidence to establish the hadd, because pregnancy allows for the possibility that she was forced and coerced. It is also possible that she became pregnant through water, because a woman can become pregnant without intercourse, through a man's water; she is fertilized by it, placing it in her private parts and being fertilized by it. Since pregnancy is a possibility, and the Prophet (peace and blessings be upon him) said
Ward off the hadd punishments by doubts
ادرأوا الحدود بالشبهات
Source
قناة «العلامة الدكتور صالح الفوزان»، 82 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيمن أتى حدا خارج الحرم ثم لجأ إليه|صالح الفوزان — youtube.com (1:05:05)
The Arabic text is a machine transcription of the audio recording.
