No Hadd on woman who incites rape
Fatwa No: 353269

Question

I know that there is a Hadd (prescribed corporal punishment) punishment for the rapist, but is there any punishment for the women who is raped? If she is raped due to not wearing the hijab, traveling without a Mahram (permanently unmarriageable kin), going to a non-Mahram, going out the house without her guardian's permission, or any other blameworthy acts, is there no punishment for her?

Answer

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There is no specific punishment for a woman who goes out without wearing the hijaab, travels without a Mahram (permanently unmarriageable man), stays in seclusion with a non-Mahram man, or does other similar matters for which there is no fixed Hadd (corporal punishment determined by Shariah).

Nonetheless, the ruler is entitled to issue Ta'zeer (discretionary punishment) against whoever does that according to his personal discretion, and there is no difference between a woman and a man in this regard.

Ibn Farhoon  may  Allaah  have  mercy  upon  him from the Maaliki School of jurisprudence, said, “...Among which is: what includes disciplining only; such as stealing that which does not necessitate the cutting of the hand, and being in seclusion with a non-Mahram woman…

Ta'zeer is a punishment that is less than the Hadd and which the ruler decides upon according to his discretion as he deems sufficient for deterrence; but this is a matter that only the ruler is entitled to, not any of the subjects.

Allah knows best.

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