Imam Malik, may Allah have mercy on him, said that if a woman becomes pregnant and she does not have a husband, and then she claims that someone forced her to have intercourse, or that she was married, then her statement will not be accepted. Rather, the prescribed punishment (hadd) will be carried out on her unless she brings witnesses to the marriage, or proves her compulsion with witnesses or circumstantial evidence, for example, if she is a virgin and comes crying in such a state that blood is coming from her private part, or she starts screaming until people come. Without these things, her statement will not be accepted and the prescribed punishment will be carried out.
Imam Malik, may Allah have mercy on him, said that if a woman is forced into intercourse, she should not marry until she has had three menstrual periods, and if there is suspicion of pregnancy, she should not marry until that suspicion is removed.
It is narrated from Abu Zanad that Umar bin Abdul Aziz inflicted eighty (80) lashes of the hadd of qadhf on a slave. So I asked Abdullah bin Amir, and he said: I have seen Sayyiduna Umar (may Allah be pleased with him), Sayyiduna Uthman (may Allah be pleased with him), and the caliphs after them, that none of them inflicted more than forty lashes on a slave in the hadd of qadhf.
Hadith Referenceموطا امام مالك رواية يحييٰ / كتاب الحدود / 1557
Hadith Gradingمحدثین:مقطوع صحيح
Hadith Takhrij«مقطوع صحيح، وأخرجه البيهقي فى«سننه الكبير» برقم: 17139، وعبد الرزاق فى «مصنفه» برقم: 13793، 13794، وابن أبى شيبة فى «مصنفه» برقم: 28215، 28228، فواد عبدالباقي نمبر: 41 - كِتَابُ الْحُدُودِ-ح: 17»