Could anyone please explain this to me? Does it mean if the man then forcefully has sex with her, he won't be punished? Or only in terms of consentual? Is this authentic?
“If a person’s slave-girl commits a deliberate crime against some other person, then the person who has suffered the crime commits adultery with her, he is not subject to any legal penalty."
Fatawa-e-Alamgiri, volume 3, page 265, Kitab al-Hudood, published by Daar ul-Isha’at, Karachi.
The text says:
جارية الرجل إذا جنت جناية عمدا ثم زنى بها ولي الجناية لا حد عليه
If a slave woman intentionally injures\kills someone and then the victim\guardian commits fornication with her then there is no Hadd on him
The fact that there is no Hadd does not mean that the act is permissible or that there is no punishment, rather the Hadd is waived because its requirements are not met and instead it would be replaced with a Ta'zeer punishment.
The reason the Hadd is waived is because there is a doubt and Hudud are waived because of doubts. The doubt is that the person who committed the fornication could have been led to believe that he was permitted to have sexual relations with that slave woman.
There is a view in fiqh that when a slave injures\kills someone then the slave's owner must surrender that slave to the victim (or guardian of the victim) making him the new owner of the slave. The victim\guardian can take Qisas (if the case qualifies for it), or forgive her, or free her, or sell her, or keep her as a slave etc. When the victim owns the slave, he is permitted to have sexual relations with her as a concubine.
