According to the school of thought, there is no fixed punishment for one who commits unlawful sexual intercourse with a corpse, because it did not occur from both sides; so how did they distinguish between this and the case of the coerced person?
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The questioner : If a man commits a lewd act with a dead woman, according to the school of thought, the fixed punishment is not carried out against him because the unlawful sexual intercourse was not established from both sides. However, he is subject to a discretionary punishment. This opinion also necessitates that in the case of a woman being coerced, the unlawful sexual intercourse did not occur from both sides, but only from one side. Therefore, according to their view... is the fixed punishment not carried out against him?
The Shaykh : They say they distinguish between the two by stating that in the case of the woman, the fixed punishment is dropped due to the presence of a barrier, which is coercion. Otherwise, a living woman is a person of legal capacity for everything. As for the corpse, she is not a person of legal capacity, just as if one had intercourse with a piece of wood or a pillar or something similar.
The Shaykh : They say they distinguish between the two by stating that in the case of the woman, the fixed punishment is dropped due to the presence of a barrier, which is coercion. Otherwise, a living woman is a person of legal capacity for everything. As for the corpse, she is not a person of legal capacity, just as if one had intercourse with a piece of wood or a pillar or something similar.
