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Hadith 35368
Malik related to me from Yahya ibn Said that Sulayman ibn Yasar
informed him that Abdullah ibn Abbas ibn Abi Rabia al-Makhzumi said,
"Umar ibn al-Khattab gave me orders about the slaves of Quraysh and we
flogged some of the slave-girls of the muslim lands fifty times each
for fornication."
Muwatta Malik Book 41, Hadith 16
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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. Umar ibn al-Khattab had
him flogged and banished him, and he did not flog the slave-girl
because the slave had forced her. Muwatta Malik Book 41, Hadith 15
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Malik said, "The position with us about a woman who is found to
be pregnant and has no husband and she says, 'I was forced,' or she
says, 'I was married,' is that it is not accepted from her and the
hadd is inflicted on her unless she has a clear proof of what she
claims about the marriage or that she was forced or she comes bleeding
if she was a virgin or she calls out for help so that someone comes to
her and she is in that state or what resembles it of the situation in
which the violation occurred." He said, "If she does not produce any
of those, the hadd is inflicted on her and what she claims of that is
not accepted from her."
Malik said, "A raped woman cannot
marry until she has restored herself by three menstrual periods."
He said, "If she doubts her periods, she does not marry until she
has freed herself of that doubt." Muwatta Malik Book 41, Hadith 17