Source IslamQA
72338: Ruling on the crime of rape
What is the ruling on the crime of rape in Islam?
Published Date: 2005-08-22
Praise be to Allaah.
The Arabic word ightisaab refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).
This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allaah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman.
Islam has a clear stance which states that this repugnant action is haraam and imposes a deterrent punishment on the one who commits it.
Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.
The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement! In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?
The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
Some scholars also say that he is required to pay a mahr to the woman.
Imam Maalik (may Allaah have mercy on him) said:
In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. End quote.
Al-Muwatta’, 2/734
Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said:
In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him).
Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”.
The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods. End quote.
Al-Muntaha Sharh al-Muwatta’, 5/268, 269
Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:
The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.
Al-Istidhkaar, 7/146
Secondly:
The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allaah says (interpretation of the meaning):
“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter”
[al-Maaidah 5:33]
So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.
See also question no. 41682
And Allaah knows best.
This is suggesting that if a woman fails to scream and shout she is disbelieved? Some women are so traumatised they cannot make any sound when they are raped.
ReplyDeleteIts clear that these rulings do not cover every circumstance and lack compassion.
That was one isolated opinion and not even a shart', or condition - you ugly, bigoted, blighted, vile and virulent anti-Muslim bigot.
DeleteI'm sure there are flexibilities within the rulings depending on a case by case basis. I will ask to make sure. There is a mufti q&a this Thursday I will ask him.
ReplyDeleteThanks do your observation and thoughts though, appreciate it.
You'd do well in life to ask before making up your own assumptions dr berks.
ReplyDeleteWhat was mentioned in that post was a general outline to show that a woman can have adultery and then turn around and claim the man raped her, so Islaam closes the door to that, that is why he mentioned that a woman must have resisted in any way it may be, whether by screaming, or you find her clothes were ripped, or she was beaten etc etc etc.
Now naturally a woman who was traumatized by rape into silence, it is something clearly visible even to a layman's eye, you don't even need to call in a psychologist to determine that.
So this will also be valid proof of rape, to absolve her of any crime, and to ensure that the punishment is carried out on the rapist.
And Allaah Knows Best.
Is it clearly visible when a husband forces himself on his wife or a woman is raped by a stranger and has no visible signs other than she didn't give her consent? It seems to me that this should be the only sign that it is judged upon. Did she give her consent or not.
DeleteSo to understand this as per your world view, if a strange man and woman sleep together with consent then it's fine? If a man sleeps with another man who has given his consent then it's fine? If animals could speak to give consent a man then slept with the animal then it would be fine?
DeleteWe are referring to law, not my opinion. However it doesn't surprise me that you might try to muddy the boundary lines.In law yes mutual consent would make these situations acceptable in a society where multiple faiths are not only accepted and tolerated but celebrated. My world view is unimportant.
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DeleteAnd that is precisely why we reject your "laws", it is nothing more than flawed laws created by flawed people. Which is why it gets chopped and changed ever so often.
ReplyDeleteWhile we as Muslims, we take our laws from Allaah, the Creator of all people and things, His laws are the most perfect and just of laws, as long as people stick to it they will attain success, and as soon as they turn away from it they will perish.
This "we" is laughable as many Muslims live in the UK benefitting from the UK laws. They choose it over a majority Muslim country.
DeleteLet's ask Poppy why she stays here in this country preferring it to Muslim laws in a non democratic company.
Correct me if I am wrong on your perfect laws that stone a woman to death for adultery and only give a man lashes.
The same law that decrees a woman's testimony to be half that of a man's.
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DeleteMaybe I am getting mixed up between the two but for western understanding you have to appreciate it is difficult to understand the differences. I hear it so much when Muslims do something unpleasant their peers claim them not to be proper Muslims.
DeleteI apologise concerning the gender difference in punishment. I read that on a news item and assumed it to be correct.
I'm not a bigot at all.
Looks like a duck, sounds like a duck, isn't always a duck!
Maybe I am getting mixed up between the two but for western understanding you have to appreciate it is difficult to understand the differences. I hear it so much when Muslims do something unpleasant their peers claim them not to be proper Muslims.
DeleteI apologise concerning the gender difference in punishment. I read that on a news item and assumed it to be correct.
I'm not a bigot at all.
Looks like a duck, sounds like a duck, isn't always a duck!
This comment has been removed by a blog administrator.
DeleteI don't hold any religion in high esteme that kills rapes bombs treats women as subservient to men views their testimony as less than a mans condones indulgences as the Catholic church once did or abuses children and protects their priests. I don't condone any but do accept that at one time anyone who was born in a particular country was considered of that countries religion and therefore politically I can see where the lines would be muddied regarding war between tribes.
DeleteNow it seems that religion defines its followers on an individual basis rather whereby if you say you are Muslim/Christian then it would be evidenced by your conduct rather than simply being a word you use when it suits an individuals purpose.
Do you mean that many people can regard themself as a Christian or Muslim bcs they born in a Christian country and that not mean anything to them other than a word on an official form you have to fill out and so their actions cannot be judged against their religion?
DeleteReason i stay here is 1) because i was born here and i have a right in this country to practice my religious beliefs here. 2) because i am interested in dawah a lot and try to make this my goal of every day In sha Allah and 3) because there isn't really a country that is completely governed Islamically for anyone to move to. That's why they are referred to as Muslim-majority countries. I did recently consider Jordan and also Turkey with view to moving but being single it is difficult to be allowed to travel without a mahram.
ReplyDelete