 In the Hanafi school of law, the term "zina" is taken to refer to illegal sexual intercourse where rape is distinguished as "zina bil jabr" to indicate its forced and non-consensual nature whereas fornication and adultery fit "zina bil ridha", which indicates consent.Though the terminology uses the term "zina", nonetheless, they are two categorically different crimes as rape is treated as a "tazeer" (discretionary) crime by the judge and prosecuted based on circumstantial evidence (medical evidence, any number of witnesses, and other forensic evidence).In other words, very similar to how it is treated in contemporary Western law.