I am appalled that some people think that a woman must prove her modesty or that she resisted a rape as much as she could before being found at no fault for beibg raped.,
No means NO!!! I dont care if a peron walked naked down the street, she has a right to say NO to sex, and it is no esxcse for a man to take what he wants against her will.
I am appallled at what was said on an Islamic website about this, read the relevant quotes in red.
From "islam on line"
Name of Counsellor Kamal Badr
Answer
Dear sister, thanks for your question.
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.
Moving to your question. Yes, sister, raped women are not punished in Islam. What punishment?! This is like saying that a person robbed of his property should be punished. Actually, this notion belongs to places where the law of the jungle is in operation.
It’s a fact that, to be absolved from guilt, the raped woman must have shown some sort of good conduct, in the sense that what befell her must be something beyond her control. This is where Islam excels. In dealing with a certain issue or addressing a certain problem, it brings forth a comprehensive panacea that uproots the problem and eliminates its causes. Rather than stipulating a temporary measure that will act as sedatives, Islam gets down to the root of the problem itself with the aim of uprooting entirely. It sets noble codes of conduct that should prevail in the society; it addresses women to maintain their modesty, as not to open the door for evils: “… be not too complacent of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech (that is) just.”
Surah 33 Verse 32
The above verse, despite addressing the wives of the Prophet, peace and blessings be upon him, actually, in an implicit way, calls upon Muslim women in general to preserve their dignity and modesty, just to save themselves from any harassment.
This injunction sounds more explicit in the following verse:
“O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft-Forgiving, Most Merciful.”
Surah 33 Verse 59
This is Islam! As we have reiterated before, it does not hunt for crimes just to punish; rather, it works towards the means of blocking the avenues of crimes. Even when it punishes, it doesn’t punish blindly; rather, it strikes the guilty hand.
So, for a rape victim to be absolved from guilt, she must not be the one that opens her house for robbery and her dignity for deflowering. If, after trying her best to resist the attack, she gets overcome by the assailants, she is totally absolved from punishment.
Muslim scholars are unanimous on this. They maintain that any woman, who, despite doing her utmost to resist these thugs and their ilk, is raped, is not guilty of any sin. This is since the situation is beyond her control, and anyone who is forced to do something is not guilty of sin. This is even in the case of disbelief, which is worse than zina (sex out of marriage), as Allah says:
“… except him who is forced thereto and whose heart is at rest with faith…” .”
Surah16 Verse 106
The Prophet, peace and blessings be upon him, said: “Allah has forgiven for my Ummah for their mistakes, what they forget and what they are forced to do.”
In showing reaction to this heinous crime, Islam takes into consideration the terrible effects it has on its victims. Most rape victims have their self-esteem diminished after an assault or abuse, driving them to be hunted by frequent shame, humiliation and loss of control.
This situation may even exacerbate to the point of making rape victims find it difficult to be intimate with others. That’s why Islam lays down certain strategies, which all in all, aim at soothing the rape victim, opening for her new channels of hope and survival.
That’s why Islam makes it clear that any Muslim woman who falls prey to a rapist will be rewarded for bearing this calamity with patience, if she seeks Allah’s, reward for the harm that has befallen her. The Prophet, peace and blessings be upon him, says: “No stress or exhaustion befalls the Muslim, nor worry or distress, even a thorn which pricks him, but Allah will forgive his sins because of that.”
The society also has a role to play in rehabilitating the rape victim. Instead of deserting her or considering her a person non grata in the society, for the crime she has no hand in, Islam calls upon the society to rush to assist her in modifying and improving her life. We should show her the way out the pain of abuse.
Thus, many Muslim scholars, led by Sheikh Al-Qaradawi, have maintained that young Muslim men should hasten to marry women who fall as rape victims, so as to reduce their suffering and console them, to compensate them for the loss of the most precious thing that they possess. This reflects mutual love, rapport and altruism that prevail in the Muslim society.
This is, in brief, how Islam caters for raped women.
As for the site you referred to, I’ve checked it and I see that you don’t have to bother yourself with such things. What every Muslim should busy himself or herself with, is how to get acquainted with the teachings of Islam, and how to acquire that from a proper source.
Yeah but if someone trashes your business after you left the door open all night, wouldn't you be blamed a little bit for negligence? The laws in shari'ah for modesty are there for a reason, for protection. And plus I think the punishment for rape should be severer in the west, much more severe.
No woman has the right to be raped even if she is naked! That is a fact! But women can reduce been raped. Don’t you think? The society that we live in is not free from men who behave like animals, whom do not know the meaning of NO!
".....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?...." islam-Q&A
Yes, no does mean no. Dressing 'modestly' does help, like a precaution.
It's like the Green Cross Code - if you look both ways before crossing, you will be less likely to be run over. But no one is going to blame you if you look (or don't look for that matter) and are hit by a drunk driver.
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?...." islam-Q&A
And yet, despite the supposed epidemic of rape in the West, women go out at night and walk the streets in very little clothing very late at night. Often after consuming too much alcohol. Therefore, I think it is safe to conclude, the streets are extremely safe and rape is, in fact, rather rare. Muslimas on the other hand are usually restricted even more than Islamic law says they ought to be. They are often not allowed out at all - look at Saudi Arabia. They usually wear more restrictive clothing than Islamic law seems to require in a strict sense. Therefore, I think, it is safe to conclude that the streets are extremely dangerous and rape must be, actually, rather common and would be even more common if these women were not protected so strongly.
Le coeur a ses raisons, que la raison ne connait pas. - Blaise Pascal
I have read some ridiculous stuff on this forum, but that just tops the list- how the hell do you know "no means no"- are you a mind reader?
How do you know whats going through their head!
What a contrast! “…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…”
Ah! How save your streets are!
You like to pick up on Saudi Arabia don’t you? Saudi Arabia may be a Muslim country but they certainly do not represent Islam. What some of the individual’s do there is does not represent Islam e.g not letting women drive car etc
Their streets are very save compared to the streets of the West. They may not be perfect but the crime of rap is way less! Why is it less? It doesn’t necessarily have to do with the way women dress but the fact that it’s Islamic Law is harsh .
If, after trying her best to resist the attack, she gets overcome by the assailants, she is totally absolved from punishment.
The problem that I see with this statement is that many women might not resist as best they can out of fear. If you happen to know a rape victim that is open to talking about it try asking, many have claimed that they could not fight back because of fear of violence. Often this fear comes from the fact that the assailant(s) have threatened violence.
format_quote Originally Posted by ~Mu'MiNaH~
And plus I think the punishment for rape should be severer in the west, much more severe.
What a contrast! “…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…”
Ah! How save your streets are!
How many streets are there in America? How many women? One every ninty seconds sounds a lot but America is a big country. Also look at who the rapists are most likely to be - acquaintances in many cases. Nothing to do with the streets at all. What is amazing about the West is how safe it is if you think about it.
You like to pick up on Saudi Arabia don’t you? Saudi Arabia may be a Muslim country but they certainly do not represent Islam. What some of the individual’s do there is does not represent Islam e.g not letting women drive car etc
They do not represent what you understand to be Islam. Do they enforce an Islamic dress code? Even if they were bad Muslims wouldn't that code protect women?
Their streets are very save compared to the streets of the West. They may not be perfect but the crime of rap is way less! Why is it less? It doesn’t necessarily have to do with the way women dress but the fact that it’s Islamic Law is harsh .
I am not convinced that is true. Someone around here said that there are gangs of young men who kidnap boys off the streets of Saudi Arabia. I was shocked to hear that because I did not expect it. How do you know what the crime is like in Saudi Arabia as they do not publish good figures?
Le coeur a ses raisons, que la raison ne connait pas. - Blaise Pascal
I have read some ridiculous stuff on this forum, but that just tops the list- how the hell do you know "no means no"- are you a mind reader?
How do you know whats going through their head!
Let's say it is a reasonable assumption.
Besides, sex is one of those things you should assume has a default "no" value. Not until there is a clear and specific "yes" value should you proceed. Any confusion, even the slightest, ought to be taken as a "no".
Le coeur a ses raisons, que la raison ne connait pas. - Blaise Pascal
I have read some ridiculous stuff on this forum, but that just tops the list- how the hell do you know "no means no"- are you a mind reader?
How do you know whats going through their head!
I see what you're saying, but it's a very dangerous attitude that gets a lot of men arrested. If she says no... it means no.
I might consider making a 'pfft. women' joke, but when people are imprisoned over a 'misunderstanding', it's suddenly not funny.
I see what you're saying, but it's a very dangerous attitude that gets a lot of men arrested. If she says no... it means no.
I might consider making a 'pfft. women' joke, but when people are imprisoned over a 'misunderstanding', it's suddenly not funny.
format_quote Originally Posted by HeiGou
Let's say it is a reasonable assumption.
Besides, sex is one of those things you should assume has a default "no" value. Not until there is a clear and specific "yes" value should you proceed. Any confusion, even the slightest, ought to be taken as a "no".
These two posts compliment each other. Even women that dress improperly do not have an open 'yes' to any pervert that comes along. 'No" should be the assumed answer. Men should be able to control thier primitive urges, what are we? Wild animals?
Regarding giving Islam viewpoints- this is an issue of Fiqh and OPINIONS must not be given and passed off as an Islamic ruling. Only the views of scholars will suffice.
Regarding the issue of rapists, we must remember rapes and not all of the same type.
Some rapes occur at night in some dark alleyway, others at home in the women's bedroom. They can happen at nightclubs and they can happen at work. The reasons vary and so you cannot give a general rule regarding rape and expect it to be true in every situation.
The majority of rapes in this country (UK) happen to women who are clubbing. Again, the types differ. From 'date rape' drugs, to rapes while the women is unconcious or too drunk to give consent, to violent rapings which can end in murder even as far as intentional rapes for 'revenge' (it has happened quite often believe it or not).
How far is the women responsible? Is she even responsible at all? These issues must be discussed on a case by case issue. There is no general rule you can apply.
Islamically - we have to refer to the opinions of scholars, the hadith of the Prophet and words of Allah in the Quran. Outside of this, we are not at liberty to attribute blame to any women for 'asking for it'.
should be able to control thier primitive urges, what are we? Wild animals?
This is the problem It comes down to a person morals a good muslim would probably have caught a glimpse then lowerd his gaza, in islam both females and males are told to do this, if only people would implament this in their lives.
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