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**Ansar Al-'Adl** · **Re: What is the ruling on the crime of rape in Islam? -** 12-17-2005

Here is another fatwa on this issue, from the IslamToday.com committee:

Question: Is it really true that in Islam, four witnesses are required to prove a case of rape?

Answer: There is some confusion here. In Islamic criminal law, there are two types of punishment: the prescribed punishment (hadd) and the discretionary punishment (ta`zîr).

Prescribed punishments are those that are imposed by the sacred texts for certain crimes in the presence of certain evidence. When guilt is established by that evidence, it becomes obligatory upon the state to carry out the punishment as a religious duty. The judge does not have the jurisdiction to modify or waive this punishment.

The prescribed punishment for fornication is 100 lashes with a whip and for adultery, it is stoning to death. The evidence required for this punishment to be carried out is the testimony of four eyewitnesses of good character or a personal confession willingly given.

In Islamic Law, a ruler or judge may impose a discretionary punishment (ta`zîr) where no prescribed punishment is given in Islamic Law for a certain crime. Likewise, the ruler may decide to give a stricter punishment than the prescribed punishment.

It could be by imprisonment, whipping and in some cases killing. The Muslim scholars in Saudi Arabia, for instance, have decreed the death penalty for drug smugglers who bring large quantities of drugs into the Islamic society. No punishment for drug smuggling is mentioned in the Qur’ân and Sunnah.

Four witnesses are needed to establish unlawful sexual penetration – whether consensual or otherwise – for the Islamic prescribed punishment of flogging or stoning to death to be carried out.

In the absence of this evidence, the prescribed punishment (hadd) for fornication or adultery cannot be carried out.

However, the judge may use other forms of evidence to establish guilt and impose a discretionary punishment that he deems suitable for the crime.

Please refer to the following articles on our site:

DNA Analysis as Court Evidence in Criminal Cases
http://www.islamtoday.net/english/sh...sub_cat_id=538

Punishment for Rape
http://www.islamtoday.com/show_detai...&main_cat_id=6

We hope that this clarifies the matter for you.

Fatwâ Department Research Committee of IslamToday.net chaired by Sheikh `Abd al-Wahhâb al-Turayrî

The second link (Punishment for Rape) leads to this fatwa:

Question: What is the punishment for rape in Islam? What happens to the rape victim?

Answered by Sheikh Sulaymân al-`Îsâ, professor at al-Imâm University in Riyadh

If it is confirmed that a man engaged in sexual intercourse with a woman by threatening to kill her or by using some kind of drug or anesthetic, then his crime will be more serious than that of consentual sex.

The punishment thereto is death by execution. He will not be entitled to any pardon or reprieve whatsoever, regardless of whether he was single or married.

The one who forces sex upon someone else under threat of death is an evil and vile member of the society and should be purged. He is involved in an act of open violence and transgression against others and the spread of mischief throughout the land. His is the fate of bandits and highway robbers:

Allah says: “The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution or crucifixion or the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.” [Sûrah al-Mâ’idah: 33]

A woman will not be punished if there is any reason to believe that she was forced into the act. The least evidence in this regard will be sufficient to save the woman from punishment. Our Prophet (peace be upon him) said: “Allah has pardoned my people for the acts they do by mistake, due to forgetfulness, and what they are coerced into doing” [Related by Ibn Mâjah and authenticated by al-Nawawî, Ibn Hajr, and al-Albânî].

Also, it was related by Ibn Abî Shaybah through Târiq b. Shahâb that a woman accused of adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman. [The narration was approved by al-Albâni]. Ibn Qudâmah stated in his book al-Mughnî: “There is no punishment on the woman who was coerced into adultery.” (SOURCE)

As demonstrated in this fatwa, the punishment of Hiraabah (armed robbery) is usually applied to rape.

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Ansar Al-'Adl Administrator Status: Offline Posts: 5,165 Reputation: 12619 Rep Power: 43 Join Date: Dec 2004 Gender: Way of Life: Muslim	Re: What is the ruling on the crime of rape in Islam? - 12-17-2005 Here is another fatwa on this issue, from the IslamToday.com committee: Question: Is it really true that in Islam, four witnesses are required to prove a case of rape? Answer: There is some confusion here. In Islamic criminal law, there are two types of punishment: the prescribed punishment (hadd) and the discretionary punishment (ta`zîr). Prescribed punishments are those that are imposed by the sacred texts for certain crimes in the presence of certain evidence. When guilt is established by that evidence, it becomes obligatory upon the state to carry out the punishment as a religious duty. The judge does not have the jurisdiction to modify or waive this punishment. The prescribed punishment for fornication is 100 lashes with a whip and for adultery, it is stoning to death. The evidence required for this punishment to be carried out is the testimony of four eyewitnesses of good character or a personal confession willingly given. In Islamic Law, a ruler or judge may impose a discretionary punishment (ta`zîr) where no prescribed punishment is given in Islamic Law for a certain crime. Likewise, the ruler may decide to give a stricter punishment than the prescribed punishment. It could be by imprisonment, whipping and in some cases killing. The Muslim scholars in Saudi Arabia, for instance, have decreed the death penalty for drug smugglers who bring large quantities of drugs into the Islamic society. No punishment for drug smuggling is mentioned in the Qur’ân and Sunnah. Four witnesses are needed to establish unlawful sexual penetration – whether consensual or otherwise – for the Islamic prescribed punishment of flogging or stoning to death to be carried out. In the absence of this evidence, the prescribed punishment (hadd) for fornication or adultery cannot be carried out. However, the judge may use other forms of evidence to establish guilt and impose a discretionary punishment that he deems suitable for the crime. Please refer to the following articles on our site: DNA Analysis as Court Evidence in Criminal Cases http://www.islamtoday.net/english/sh...sub_cat_id=538 Punishment for Rape http://www.islamtoday.com/show_detai...&main_cat_id=6 We hope that this clarifies the matter for you. Fatwâ Department Research Committee of IslamToday.net chaired by Sheikh `Abd al-Wahhâb al-Turayrî The second link (Punishment for Rape) leads to this fatwa: Question: What is the punishment for rape in Islam? What happens to the rape victim? Answered by Sheikh Sulaymân al-`Îsâ, professor at al-Imâm University in Riyadh If it is confirmed that a man engaged in sexual intercourse with a woman by threatening to kill her or by using some kind of drug or anesthetic, then his crime will be more serious than that of consentual sex. The punishment thereto is death by execution. He will not be entitled to any pardon or reprieve whatsoever, regardless of whether he was single or married. The one who forces sex upon someone else under threat of death is an evil and vile member of the society and should be purged. He is involved in an act of open violence and transgression against others and the spread of mischief throughout the land. His is the fate of bandits and highway robbers: Allah says: “The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution or crucifixion or the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.” [Sûrah al-Mâ’idah: 33] A woman will not be punished if there is any reason to believe that she was forced into the act. The least evidence in this regard will be sufficient to save the woman from punishment. Our Prophet (peace be upon him) said: “Allah has pardoned my people for the acts they do by mistake, due to forgetfulness, and what they are coerced into doing” [Related by Ibn Mâjah and authenticated by al-Nawawî, Ibn Hajr, and al-Albânî]. Also, it was related by Ibn Abî Shaybah through Târiq b. Shahâb that a woman accused of adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman. [The narration was approved by al-Albâni]. Ibn Qudâmah stated in his book al-Mughnî: “There is no punishment on the woman who was coerced into adultery.” (SOURCE) As demonstrated in this fatwa, the punishment of Hiraabah (armed robbery) is usually applied to rape. __________________ The Prophet Muhammad (peace be upon him) said: "Surely I was sent to perfect the qualities of righteous character" [Musnad Ahmad, Muwatta Mâlik] Visit Ansâr Al-'Adl's personal page HERE. Excellent resources on Islam listed HERE.