Ali Ibn Abi Talib - Volume 1 of 2

51 6 Financial and judiciary institutions at the time of 'Ali
took my family's camels out. We had a partner, and he came out with
his camels. I had water with me, but there was no milk in my camels;
our partner brought water, and there was milk in his camels. My
water ran out, and I asked him for water, but he refused to give me
any unless I let him have his way with me. I refused until I almost
died, then I gave him what he wanted." 'Ali (&) said: 'Xllrihu
akbar, if one is forced by necessity without wilful disobedience nor
transgressing due limits, then there is no sin on him.239 I think she has
an excuse."240 So 'Umar (&) gave her something and let her go."1
The jurists mentioned this incident as an example of one who
is forced into zina, and they did not differ concerning the view that
the hadd punishment is to be waived in cases where a woman is
f~rced."~ Physical force, or rape, is different from compulsion; in the
case of compulsion, a person goes ahead with the action by choice. In
the case of rape, the person is forced to do the action by violent
means. This is based on the fact that Allah (&) mentions physical
force separately from compulsion, as in the verses, (And force not
your maids to
(Qur'an 24: 33) and BBU~ if one is forced
[compelled] by necessity without wilful disobedience nor
transgressing due limits, then there is no sin on him.) (Qur'an 2: 173)
'Ali (&) quoted the second of these verses as evidence. The
point here is that being compelled in order to save one's life means
that the punishment in the hereafter is waived, so waiving the worldly
punishment is more appropriate with regard to sin against AUah (s).
Thus it may be understood that with regard to this case, 'Ali (&)
followed the principle which says that necessity makes what is
forbidden permissible."3
3.2.2.e. Not implementing hadd punishments
when there is doubt
Hudood punishments should not be carried out when there is
doubt, according to 'Ali (&). It was narrated from ad-D&h& ibn