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kadafi
08-24-2005, 07:04 PM
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
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Ummah
08-24-2005, 07:20 PM
Asalaamualaikum

interesting read....will inshAllah clear up alot of misconceptions

JazakhAllah
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kadafi
08-26-2005, 12:06 PM
Originally Posted by Hashim
:sl:

Akhee was it sheikh Mujadid who wrote this article?

:w:
:sl:

You mean Shaykh Munajjid? then yes akhee.

:w:
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Genius
08-26-2005, 12:45 PM
But surely zina and rape are different, one is consensual the other obviously is not.
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TEH
08-26-2005, 01:43 PM
But it just shows the extremity of both sins...

:)
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ahm
08-26-2005, 01:52 PM
:sl:

Rape is forced zina.
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Genius
08-26-2005, 03:03 PM
Originally Posted by ahm
:sl:

Rape is forced zina.
And should be punished more severely?
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Ansar Al-'Adl
08-26-2005, 03:08 PM
:sl:
If it involved violence, then it is treated as hiraabah (armed robbery), which is more severe a punisment, and more firm in its implementation.

:w:
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Bittersteel
12-14-2005, 12:45 PM
there doesn't seem to be a specific fatwa.A lot of opinions.Are four witnesses required?
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Ameeratul Layl
12-14-2005, 12:46 PM
Originally Posted by Abrar
there doesn't seem to be a specific fatwa.A lot of opinions.Are four witnesses required?

:sl:
Yes, four witnesses are required.

Allah ma3akum
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Eric H
12-14-2005, 03:55 PM
Greetings and peace kadafi

Sexual abuse and rape is a terrible crime and it very rarely gets reported to the authorities, it seems many of the victims live with their own shame for years rather than report the crime. It goes on in all societies and as the recent thread started here by anonymous shows; the abusers are rarely brought to justice and the abusers are often related to the victim.

The need for four witnesses almost makes it impossible for a victim to take their case to the authorities. The best way for rapists to be stopped is to encourage the victims to come forwards and report the crime but that is easier said than done.
I do agree with the modest dress code in Islam as a means to reduce the temptation.

May God's blessings rest with us all,

Eric
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Bittersteel
12-14-2005, 04:06 PM
I don't think the four witnesses are required for rape.Its needed for adultery and fornication.
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Ansar Al-'Adl
12-14-2005, 09:28 PM
:sl:
Kamal Badr:
As the question mostly revolves around raped women, I’d confine my answer to that point, without delving into the issue of punishing the rapist, on which there is no controversy that if it’s proven, beyond reasonable doubt, that he’s guilty of the crime, he will serve the punishment.

But I’d like to make it clear that this crime can be proved either by confession or testimony or even through any modern means, thanks for the great revolution that has taken place in the field of science. This has made it easier for criminal experts to lay their hands on clear evidence that paves way for justice to run its course.

So what I’m trying to say is that, contrary to what some Westerners claim, the issue is not just “bring four witnesses or set the accused free”. Shari`ah is not a legal system that keeps itself away from realities of life. Rather, it’s practical in the sense that its mechanism of justice operates in a quite flexible way that makes all its precepts and rulings applicable at all time. Anyway, as I’ve said, I won’t go into details on that now. (SOURCE)
Ahmad Kutty:
A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) said, “The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.” (SOURCE, emphasis added)
:w:
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Duhaa
12-15-2005, 12:46 PM
^ That's what I thought aswell.
Because even when it's zina, the person accusing his/her partner doesn't need witnesses. They just give testimony.
Before, it was necessary to have 4 witnesses but then due to it being quite impossible, an aayat came down saying you had to give testimony four times and the last being that if you are telling lies then you will be thrown into hell.
The aayat comes in Surah 'ahzaab, I think. Correct me if I'm wrong.
Allahu 'aalum
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Muttawa
12-15-2005, 01:01 PM
:sl:

Do what the saudi do...I say.

:w:
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Shana524
12-16-2005, 05:55 AM
:sl:
Alhamdullilah, I learned a lot. Jazakallah bro for posting this article. May Allah reward u for ur effort.
:w:
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Ansar Al-'Adl
12-17-2005, 04:16 PM
:sl:
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.

:w:
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Ansar Al-'Adl
12-17-2005, 04:51 PM
:sl:
In summary of all the fatawa that have been quoted, I'll list a few major points, inshaa'Allah:
1. The Islamic hudood (prescribed) punishments are intended to protect society from the spread of immorality. Hence, although the punishments are extremely severe, an equally high burden of proof is required to establish that the offence was publically witnessed. Consequently, Islam has set 4 witnesses who saw the act of penetration as the required evidence for the hadd punishment to be carried out for unlawful sex. This punishments are, as the IslamToday.com committee writes,
The punishments for fornication and adultery are designed more to protect society from the open practice of licentious sexual behavior than they are designed to punish people.
Since the hudood punishments are intended to protect society from the spread of immorality, they punish those offences that were committed publically, where many could witness. In this manner, the punishments serve as a means of denunciation and condemnation by society of the sin. This is why prescribed punishments have been attached to those offences that are committed publically, in order that there be a strong deterrent from spreading immorality in society.

2. This does not mean that if an offence is committed which does not meet the standard of evidence for a hadd (prescribed) punishment, that it will go unpunished. No, on the contrary, the Islamic legal system has ta'azir (discretionary) punishments as well as the prescribed punishments. These discretionary punishments form a major aspect of the penal code in an Islamic state as they are usually the more common punishments.

3. With regard to rape, if it meets the standard of proof (i.e. four witnesses) for the hadd punishment, then the rapist will recieve that. If there are not four witnesses, it does not mean that the rapist goes unpunished. So long as there is sufficient evidence to establishg the guilt of the rapist, he can be punished severely according to a ta'zir (discretionary) punishment.

4. The nature of the punishment can vary according to the nature of the rape (all though all punishments will be very severe). Depending on the use of weapons and the extent of the force used, a more severe punishment may be given, often the same as that given in the case of hiraabah (armed robbery) (Qur'an 5:33). Victims of sexual assault are encouraged to report their cases to authorities so that justice may be served.
:w:
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Eric H
12-18-2005, 09:01 PM
Greetings and peace Ansar Al-'Adl

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.

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.

In the spirit of seeking justice

Eric
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ummbilal
12-18-2005, 09:18 PM
am i correct in saying its perfectly halal for a man to kill a man who raped his wife?

if a woman who was sexually abused talks about it, it lives forever, if she doesnt then it can go and die.

its very very hard to talk about such things afterwards, its like openning a wound for the victim.

hense why so many abusers go unpunished in this world.
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Ansar Al-'Adl
12-19-2005, 02:58 AM
Hi Eric,
Originally Posted by Eric H
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.

:sl: 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.
:w:
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Bittersteel
12-22-2005, 03:02 PM
some people think honor killings are prescribed in Islam.
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Ansar Al-'Adl
12-22-2005, 07:12 PM
:sl:
Originally Posted by Abrar
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)
:w:
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ummbilal
12-31-2005, 10:14 PM
what if the father had killed the rapist?
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Bittersteel
01-01-2006, 01:27 AM
he shoudn't have taken the law into his hands then.

do we have a definite hadith speaking about rapists being executed?
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Ansar Al-'Adl
01-01-2006, 10:46 PM
Originally Posted by Abrar
do we have a definite hadith speaking about rapists being executed?
:sl:
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.

:w:
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Mu'maneen
01-03-2006, 01:36 AM
:sl:

Excellent information. Jazakum Allah Kher Fe Dunya Wal Akhira.


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

Visit my new Islamic Site:
http://hstrial-besmail.homestead.com/islam.html
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sargon
03-08-2006, 07:27 PM
:sl:
So this answers the question of DNA in rape cases, thanks for the information :)
:w:
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