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Umar ibn al-Khattab had him flogged and banished him, and he did not flog the slave-girl because the slave had forced her.
Malik related to me from Ibn Shihab that gave a judgment that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her.
If she is a slave, he must pay what he has diminished of her worth.
They went and seized the man whom they thought had had intercourse with her and brought him to her. He (the Prophet) said to her: Go away, for Allah has forgiven you.
But he told the man some good words (Abu Dawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.
Although punishment for lesbianism is rarely mentioned in the histories, al-Tabari records an example of the casual execution of a pair of lesbian slavegirls in the harem of al-Hadi, in a collection of highly critical anecdotes pertaining to that Caliph's actions as ruler.
The zina of the eyes is looking, the zina of the tongue is speaking, one may wish and desire, and the private parts confirm that or deny it.” 'Ubada b.He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.Malik related to me from Nafi that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her.The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman.If the rapist is a slave, that is against his master unless he wishes to surrender him." The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that.
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Most of the rules related to zināʾ, fornication/adultery, and false accusations from a husband to his wife or from members of the community to chaste women, can be found in Surat an-Nur (the Light).