Welcome guest, is this your first visit? Click the "Create Account" button now to join.

Page 2 of 2 FirstFirst 1 2
Results 21 to 28 of 28
  1. #1
    IB Oldtimer Array kadafi's Avatar
    Join Date
    Dec 2004
    Gender
    Male
    Religion
    Islam
    Posts
    1,520
    Threads
    368
    Reputation
    1175
    Rep Power
    73

    What is the ruling on the crime of rape in Islam? (OP)


    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.

    And Allaah knows best.

    Islamqa.com

  2. #21
    Jewel of LI Ansar Al-'Adl's Avatar
    Join Date
    Dec 2004
    Gender
    Male
    Religion
    Islam
    Posts
    4,678
    Threads
    188
    Reputation
    16516
    Rep Power
    84
    Likes (Given)
    2
    Likes (Received)
    65

    Re: What is the ruling on the crime of rape in Islam?


    Hi Eric,
    Quote Originally Posted by Eric H View Post
    Thank you for your detailed explanation as to how the Islamic law works in regards to rape and adultery. Did you read the other thread started by anonymous to do with sexual abuse, like the western society abuse is very prevalent within families as a number of people testified on that thread? They mostly said that the abuser got away because none of the victims reported the crime.
    Yes, I did read most of the thread. A few points could be mentioned here:
    1. First of all, it should be clear that this is not an issue with the Islamic penal system. My intention in this thread was to refute claims that the Islamic penal system was defective or barbaric, and I did so by providing a detailed examination of the system itself. This issue is certainly relevant, but it is an issue every system must deal with.

    2. This issue actually helps us to appreciate the comprehensive nature of the Islamic system, specifically the strict guidelines Islam has placed between opposite gender interactions. Islam does not permit a woman to be alone anywhere with a man who is not her husband, father or brother. Some people criticize Islam's strict guidelines especially in the case of extended family members like cousins, yet we have seen that quite a large number of these assaults occured at the hands of male cousins. None of these cases would have happened if Islamic guidelines were in place (see here for details on these guidelines). Islam does not allow a male and female to be alone together, even if they are cousins. The women are protected in Islam from such kinds of abuse.

    3. Another common form of assault, especially in the western, is known as 'date rape'. Let us consider some statistics from the US:
    Here are some rape statistics within the U.S.

    General Rape Statistics
    Every 2 minutes a woman is raped in the U.S.
    72 of every 100,000 women are raped in the U.S. each year.
    28% of women are raped by boyfriends.
    35% of women are raped by acquaintances.

    5% of women are raped by relatives.
    Less than one third of all rapes are reported to the authorities.

    Rape Situation Statistics
    25% of rapes take place in a parking garage or public area.
    68% of rapes occur between 6 p.m. and 6 a.m.
    More than 45% of rapists were under the influence of drugs or alcohol.
    Rapists used a weapon in 29% of all rapes.
    The victim received external injuries in over 47% of all rapes.

    Youth Rape Statistics
    15% of rape victims are under the age of 12 (another source said as high as 22%).
    29% of rape victims are between the ages of 12 and 17.
    44% of rape victims are under the age of 18 (another source said as high as 54%).
    80% of rape victims are under the age of 30.

    College Rape Statistics
    25% of college women have been victims of rape.
    8.5% of college men admit to sexually abusing women - but don't consider that rape.
    Of the women who were raped, only 25% described it as rape.
    Of the women who were raped, only 10% reported the assault.
    47% of the rapes were by dates and romantic acquaintances.

    Date Rape Statistics
    84% of women who were date raped knew their attacker.
    Women who are 16-24 are more than four times as likely to be date raped.
    90% of date rapes occur when either the victim or attacker was drinking.
    33% of men said they would date rape someone if it could go undetected.
    44% of women who were date raped have considered suicide.

    Sources include RAINN, University of South Florida, Federal Bureau of Investigation (Uniform Crime Statistics, 1996), U.S. Department of Justice, Violence against Women (Bureau of Justice Statistics, U.S. Dept. of Justice, 1994)
    I've highlighted some of the key parts. Here we find that a large portion of rape incidents occur from boyfriends or 'acquaintences', which would not be permitted under Islamic guidelines which only allows relations after marriage. Also, the influence of drugs and alcohol in such incidents is clear, allowing us to also appreciate islam's prohibition of drugs and alcohol. Traditionally, Muslims have always had seperate schooling for boys and girls which would remove all the incidents that are reported as a result of the promiscous college lifestyle.
    How can we encourage the vulnerable younger females to come forward so they can feel confident about disclosing their experiences. If the victims did come forward in greater numbers this would act as a deterrent for future abusers.
    I agree it would serve as a deterrent if more were reported as the statistics mentioned that 33% of men said they would date rape someone if it could go undetected.. As for how we can accomplish this, one of the first ways that comes to mind would be social and education programs which would increase awareness and allow victims to know that they have no share in the guilt.

    Umm Bilal,
    am i correct in saying its perfectly halal for a man to kill a man who raped his wife?
    There is no vigilante justice in Islam. People should report such incidents to the court and allow them to deal with it.

    if a woman who was sexually abused talks about it, it lives forever, if she doesnt then it can go and die.
    From an Islamic perspective, the collecting of evidence of the women does need to be publicized, in fact traditionally judges visit the women privately rather than having them testify in court.

    I hope this helps.
    What is the ruling on the crime of rape in Islam?

    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.

  3. #22
    IB Oldtimer Bittersteel's Avatar
    Join Date
    Jun 2005
    Gender
    Male
    Religion
    Islam
    Posts
    1,542
    Threads
    116
    Reputation
    1213
    Rep Power
    70
    Likes (Given)
    6
    Likes (Received)
    4

    Re: What is the ruling on the crime of rape in Islam?


    some people think honor killings are prescribed in Islam.

  4. #23
    Jewel of LI Ansar Al-'Adl's Avatar
    Join Date
    Dec 2004
    Gender
    Male
    Religion
    Islam
    Posts
    4,678
    Threads
    188
    Reputation
    16516
    Rep Power
    84
    Likes (Given)
    2
    Likes (Received)
    65

    Re: What is the ruling on the crime of rape in Islam?



    Quote Originally Posted by Abrar View Post
    some people think honor killings are prescribed in Islam.
    Those people are liars. Here is the fatwa:

    Question: I read in the papers something that disturbs me about Islam. I read that a Muslim man in one of the Islamic countries killed his seven-year-old daughter because he suspected her of being raped. He is quoted to have said: "The motive behind the killing was to defend my honor, fame, and dignity." Is this what your religion teaches?

    Answered by Sheikh `Abd al-Wahhâb al-Turayrî, former professor at al-Imâm University in Riyadh

    That father is guilty of murder.

    The teachings of Islam should be taken from the correct sources – the Qur’ân and the Sunnah of our Prophet (peace be upon him).

    There are false practices to be found in some Muslim societies are only but these are alien to the Islamic legal injunctions. Such practices cannot in any way be attributed to Islam. You should know that the Muslim scholars’ objective is to remove these unsavory regional customs and steer Muslim societies towards the true teachings of Islam.

    The mistakes of Muslim people should not be attributed to Islam. You know from history that the massacres of the Native Americans and the slavery of Africans should not be attributed to Christianity, even though these atrocities were carried out by beople who called themselves Christians.

    The events you have mentioned are unlawful and the one who commits such crimes is a criminal for illegally killing someone.

    In Islamic Law, no one can be punished for adultery, man or woman, until it is legally confirmed that he or she did it. In case of this seven-year-old girl, she would never be punished in any case, since she was a minor.

    According to Islam, it is not a simple thing to accuse someone of adultery, and even more difficult to punish someone for it. Anyone who falsely accuses someone else of adultery will receive a severe legal punishment of flogging with a whip, as he slandered another person and injured the accused person’s reputation. If this is the punishment for accusing someone else of adultery, then how could it be Islamic that a person can not only accuse someone but also kill that person on the basis of his accusation?

    Legal punishments will not be applied on people who were coerced into doing things, such as being raped, neither in this life nor in the Hereafter. It is the duty of the raped victim’s family to request punishment of the rapist and not to punish their poor daughter. In fact, it is the Islamic right of the daughter on her family that they protect her, defend her, and pursue justice on her behalf.
    (SOURCE)
    What is the ruling on the crime of rape in Islam?

    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.

  5. #24
    Full Member ummbilal's Avatar
    Join Date
    Jul 2005
    Posts
    262
    Threads
    11
    Reputation
    260
    Rep Power
    69
    Likes (Given)
    0
    Likes (Received)
    0

    Re: What is the ruling on the crime of rape in Islam?


    what if the father had killed the rapist?
    What is the ruling on the crime of rape in Islam?

    Indeed Allah is Great and Good Allhumdulilah

  6. #25
    IB Oldtimer Bittersteel's Avatar
    Join Date
    Jun 2005
    Gender
    Male
    Religion
    Islam
    Posts
    1,542
    Threads
    116
    Reputation
    1213
    Rep Power
    70
    Likes (Given)
    6
    Likes (Received)
    4

    Re: What is the ruling on the crime of rape in Islam?


    he shoudn't have taken the law into his hands then.

    do we have a definite hadith speaking about rapists being executed?

  7. #26
    Jewel of LI Ansar Al-'Adl's Avatar
    Join Date
    Dec 2004
    Gender
    Male
    Religion
    Islam
    Posts
    4,678
    Threads
    188
    Reputation
    16516
    Rep Power
    84
    Likes (Given)
    2
    Likes (Received)
    65

    Re: What is the ruling on the crime of rape in Islam?


    Quote Originally Posted by Abrar View Post
    do we have a definite hadith speaking about rapists being executed?

    As mentioned earlier, the punishment for rape has been established, based on what has been prescribed fro zina and hiraabah and the rape is both of these matters.

    What is the ruling on the crime of rape in Islam?

    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.

  8. #27
    Full Member Mu'maneen's Avatar
    Join Date
    Apr 2005
    Location
    London
    Posts
    153
    Threads
    9
    Reputation
    558
    Rep Power
    70
    Likes (Given)
    0
    Likes (Received)
    0

    Re: What is the ruling on the crime of rape in Islam?




    Excellent information. Jazakum Allah Kher Fe Dunya Wal Akhira.


    ---------------------

    Visit my new Islamic Site:
    http://hstrial-besmail.homestead.com/islam.html

  9. #28
    Full Member sargon's Avatar
    Join Date
    Oct 2005
    Location
    China
    Posts
    143
    Threads
    14
    Reputation
    76
    Rep Power
    67
    Likes (Given)
    0
    Likes (Received)
    0

    Re: What is the ruling on the crime of rape in Islam?



    So this answers the question of DNA in rape cases, thanks for the information

 

 
Page 2 of 2 FirstFirst 1 2
Hey there! What is the ruling on the crime of rape in Islam? Looks like you're enjoying the discussion, but you're not signed up for an account.

When you create an account, we remember exactly what you've read, so you always come right back where you left off. You also get notifications, here and via email, whenever new posts are made. And you can like posts and share your thoughts. What is the ruling on the crime of rape in Islam?
Sign Up

Similar Threads

  1. Marital rape in Islam?
    By Roasted Cashew in forum Advice & Support
    Replies: 1
    Last Post: 05-17-2012, 10:14 PM
  2. Whats the Islam Law on Rape?
    By PoweredByGoogle in forum Clarifications about Islam
    Replies: 22
    Last Post: 08-28-2011, 06:08 AM
  3. Is apostasythe worst crime in Islam
    By FreeThinker in forum General
    Replies: 3
    Last Post: 06-15-2010, 12:05 AM
  4. Systems in Islam - Crime and Punishment
    By ansar.tajudeen in forum Worship in Islam
    Replies: 0
    Last Post: 11-09-2007, 05:50 AM
  5. Crime and Punishment in Islam
    By Ansar Al-'Adl in forum Miscellaneous
    Replies: 15
    Last Post: 01-17-2007, 12:58 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •