Ruling on the crime of rape

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.

Sex: Part 2 - Sex and Sexuality

"Muslim men are afraid of a woman's sexuality, that's why she has to hide under cloth."

This was another statement told to me, that I felt deserved its own blog slot.

Firstly, let me just say that no Muslim woman hides, we cover. Most of the women I know are quite confident and have no need to hide anything. We cover our bodies as much as we feel is right for our religion and as a worship to God. For some women that would be completely in black covered from head to foot and for others it would be partially in black with regular loose clothing and for others it would be a range of colours and very creatively but still very modestly covered. 

In the Uk, women are free to express their sexuality in any way they wish. For Muslim women, most of that expression happens in the privacy of their own home as part of a family growing up as a child with your siblings and subsequently as a wife with your husband. Once a woman is within the privacy of her own home with her husband, she can be as creative as she likes, wearing what she likes and being as sexually expressive as she likes to be. I can imagine that most husbands would not have a problem with their wife expressing her sexuality at home, within the confines of their marriage, however fierce that sexuality is. 

Sex is a part of sexuality and I get the impression that non Muslims think that Muslim women are so restricted that we are not allowed to be normal and powerful in ourselves within a private and intimate situation. That's so rubbish.

My realisation of my own sexuality came about quite a bit later than what is considered 'normal' I guess because I had other things occupying my mind, like safety from harmful people. Whenever a man came within a meter distance I'd be so conscious of his presence and how I could escape if he became aggressive, I didn't have room in my mind for any other thoughts or feelings during puberty. I still felt the same when I got married as my husband wasn't in the least bit affectionate and so I didn't catch up with myself, sexuality-wise, until just as I was getting divorced, which truly is funny. 

Sex and sexuality is celebrated in Islam, it's just celebrated in a context that protects both people and gives them privacy to be themselves. It annoys me so badly much when non Muslims suggest that to be out, proud and confident with your sexuality is the only way to have freedom in this area, if it's not all on show then you're not free apparently. Another load of rubbish. Just because there are some horror stories from within the Islamic society about suppressed females being bullied and intimidated, it doesn't at all mean that's the norm or the majority. Neither would it be for me to assume that when I see girls vomit all over the street from binge drinking, that all non religious girls behaved like this or held these values.

Allah has given us guidelines as to the proper context for a woman to express her sexuality. In this context there is protection, safety, trust and commitment and in the other there are manifold dangers, no trust or commitment. Just luck and often poor judgement.

Islam offers protection to women, safety and true value.