Does a woman have to defend herself from rape?

[- Qatada -]

Asalamu 'alykum warahmatulahi wabarakatuh.

Question :

Does a woman have to defend herself if someone wants to rape her, and is she allowed to use a weapon for that purpose?



Answer :

Praise be to Allaah.

A woman who is being forced to commit zinaa [unlawful sexual activity] is obliged to defend herself and should not give in even if she kills the one who wants to do that to her. This self-defence is waajib (obligatory), and she is not at fault if she kills the one who wants to force her into zinaa. Imaam Ahmad and Ibn Hibbaan reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever is killed defending his property is a shaheed (martyr), whoever is killed defending himself is a shaheed, whoever is killed defending his religion is a shaheed, and whoever is killed defending his family is a shaheed.” In the commentary on this hadeeth it says: “whoever is killed defending his family is a shaheed” refers to the one who defends the honour of his wife and female relatives.


If a man is obliged to defend his wife and fight off the one who wants to rape her – even if this leads to his own death – then this obligation applies even more to the woman herself, who must defend herself and not give in to the aggressor who wants to violate her honour, even if she is killed, because if she is killed she will also be a shaheedah, just as her husband will be a shaheed if he was killed defending her honour. Shahaadah (martyrdom, the status of shaheed) is a high status which is only achieved by the one who dies in the way of obedience to Allaah and that which He loves, which indicates that Allaah loves this kind of defence, a man’s fighting to defend his wife’s honour and a woman’s fighting to defend herself. But if she is unable to defend herself, and the evil aggressor overpowers her and rapes her by force, then she should not be subjected to any punishment (hadd or ta’zeer); rather, the punishment should be carried out on the evil aggressor.



It says in al-Mughni by Ibn Qudaamah al-Hanbali: “Concerning a woman who was pursued by a man, and she killed him to protect herself, Ahmad said: ‘If she knew that he wanted [to rape] her, and she killed him to protect herself, then she is not at fault.’ Ahmad mentioned the hadeeth which al-Zuhri reported from al-Qaasim ibn Muhammad, from ‘Ubayd ibn ‘Umayr, in which it said that a man had visitors from [the tribe of] Hudhayl, and he wanted [to rape] a woman, so she threw a rock at him and killed him. ‘Umar said, ‘By Allaah, there is no diyah for him ever’ i.e., she did not have to pay the ‘blood money’ for him. If it is permissible to defend one's money, which one can give away, then a woman defending and protecting herself and her honour which cannot be given away, is clearly more permissible than a man defending his money. If this is clear, then she is obliged to defend herself if she can, because letting someone overpower her [rape her] is haraam, and by not defending herself, she lets him overpower her.” [al-Mughni, 8/331]

And Allaah knows best. Al-Mufassal fi Ahkaam al-Mar’ah, 5/42-43.


Ibn al-Qayyim (may Allaah have mercy on him) said in al-Turuq al-Hukmiyyah, 18: “(Section) … A woman who had committed zinaa was brought to ‘Umar ibn al-Khattaab (may Allaah be pleased with him), and he asked her about it and she admitted it, so he commanded that she should be stoned. ‘Ali said: ‘Maybe she had a reason.’ So he said to her, ‘What made you do that?’ She said, ‘I had a partner who shared livestock with me; his camels had water and milk, and mine had none. I got thirsty, so I asked him to give me something to drink, but he refused unless I let him have his way with me. I refused three times, but I was so thirsty that I thought I was going to die, so I gave him what he wanted, and he gave me something to drink.’ ‘Ali said: ‘Allaahu akbar! “… But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly Allah is Oft-Forgiving, Most Merciful.” [al-Baqarah 2:173 – interpretation of the meaning].’”


In Sunan al-Bayhaqi it says: “From Abu ‘Abd al-Rahmaan al-Sulami, who said: ‘A woman was brought to ‘Umar who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. [‘Umar] consulted with the people as to whether he should have her stoned. ‘Ali said, ‘She was forced to do it. I think you should let her go.’ So he did so. I say: this is what should be done. If a woman is in desperate need of food and drink from a man, which he will not give her unless she lets him have his way with her, and she is scared that she will die without them, so she lets him have his way with her, then she is not to be punished. If it were asked, is it permissible for her in this situation to let him have his way with her, or does she have to suffer [her hunger and thirst] with patience, even if she dies? The answer is that her case is like that of a woman who is forced to commit zinaa, to whom it is said, ‘Either you let me have my way with you, or I will kill you.’ The woman who is forced to do this should not be punished; she can save herself from being killed in this manner, but if she bears it (i.e., being killed) with sabr (patience), this is better for her. (But she does not have to put up with with being killed). And Allaah knows best.”



Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

source: http://www.islam-qa.com/index.php?ln=eng&ds=qa&lv=browse&QR=4017&dgn=4
​

 

[Malaikah]

MashaAllah that was very interesting thanks for posting.

 

[Mawaddah]

Masha'allah!! exactly what I was looking for! I was discussing this with my students but I lacked enough proof besides the Hadeeth that a person who dies defending himself is a shaheed........Jazakallah Khair Ya Akhi.

 

[Ghazi]

[QUOTEwhoever is killed defending his family is a shaheed” refers to the one who defends the honour of his wife and female relatives.
][/QUOTE] Subhanallah is that were the honour killings come from?

 

[Mawaddah]

^ Umm... I think you misread it. He does not Go to Kill someone who did harm to his family for verily this is not in his hands.Nor does he kill any of his family members for doing something which shamed his 'honor' as is the custom in some Muslim countries.
But rather when someone tries to do his family harm whilst he is there, he protects them with his life.

Honour killings are NOT from Islam period

 

[Ghazi]

^ Umm... I think you misread it. He does not Go to Kill someone who did harm to his family for verily this is not in his hands. But rather when someone tries to do his family harm whilst he is there, he protects them with his life.

Honour killings are NOT from Islam period

I know but some people have a habbit of messing with hadiths and verses to suit their own disires.

 

[Mawaddah]

^ Ah I see where you're coming from........Yes I guess maybe they misinterpreted

 

[- Qatada -]

:salamext:

Question :

What is the ruling on gangs or individuals who steal from people, or kidnap women and violate their honour, all at knife-point or gun-point?.



Answer :

Praise be to Allaah.

These crimes, which are committed by some people who have no religious commitment, are given a severe punishment in sharee’ah, which is known to the scholars as the hadd for haraabah (waging war against Allaah and His Messenger) or quta’ al-tareeq (banditry). This is mentioned 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-Maa’idah 5:33]​

The Council of Senior Scholars in the Land of the Two Holy Sanctuaries, under the leadership of Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) issued a statement concerning these crimes, in which it says:

The Council has studied what the scholars have mentioned about the shar’i rulings which in general dictate the obligation to protect the five essentials of life and ensure that they remain safe. They are: religion, life, honour, mental health and wealth. Islam acknowledges the great danger that can result from crimes of aggression against the sanctity of the Muslims’ lives, honour and wealth, and the threat to public security that this can pose in the land.


Allaah has guaranteed protection for the people’s religion, physical well-being, lives, honour and mental health by means of the punishments which He has prescribed to attain security on both the public and private levels. Implementing the verse concerning the hadd punishment for haraabah in accordance with the rulings of the Prophet (peace and blessings of Allaah be upon him) concerning muhaaribeen guarantees security and peace of mind, and deters those who would think of committing such crimes and transgressing against the Muslims.


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-Maa’idah 5:33] ​

In al-Saheehayn it is narrated that Anas (may Allaah be pleased with him) said: Some people from ‘Ukl came to the Prophet (peace and blessings of Allaah be upon him) and were in al-Suffah. The climate of Madeenah made them sick, so they said: O Messenger of Allaah, get us some milk. He said: “I think the best thing for you is to go to the camels of the Messenger of Allaah.” So they went there and drank some of their milk and urine, then when they had recovered and gained weight, they killed the herdsman and drove away the camels. Someone came to the Messenger of Allaah (peace and blessings of Allaah be upon him) shouting for help, and he sent a party out in pursuit of them. Not much of the day had passed before they were caught and brought to him. He ordered that branding irons be heated and their eyes were put out, and their hands and feet were cut off, and not cauterized, then they were thrown into the harrah where they asked for water but they were not given any, until they died.

Abu Qilaabah said: They stole, killed and waged war against Allaah and His Messenger.


Based on the above, the Council has determined the following:


(a)

The crimes of kidnapping, robbery and transgression of the Muslims’ sanctity by way of open and audacious hostility is a type of muhaarabah (waging war against Allaah and His Messenger) and doing mischief in the land, which deserves the punishment mentioned by Allaah in the verse in al-Maa’idah, whether that aggression is against people’s lives, wealth or honour, or it is scaring wayfarers and cutting off routes (banditry). It makes no difference whether that happens in cities, villages, the desert or the wilderness, as is the correct view of the scholars (may Allaah have mercy on them).


Ibn al-‘Arabi said, telling of the time when he was a judge: Some bandits were brought before me who had gone out to attack a group of travellers. They took a woman by force from her husband and the group of Muslims who were with him, and carried her off. Then they were hunted down, caught and brought to me. I asked one of the muftis with whom Allaah tested me about them and he said that they were not muhaaribeen, because haraabah (the crime of waging war against Allaah and His Messenger) applies only with regard to wealth, not rape! I said to them: To Allaah we belong and unto Him is our return (said by Muslims at times of calamity). Do you not know that haraabah (aggression) against honour is worse than aggression against wealth? All people would agree to lose their wealth and have it confiscated from them rather than to see aggression committed against their wives or daughters. If there were any punishment more severe than that which Allaah has mentioned, it would be for those who kidnap women. end quote.



(b)

The Council believes that in the verse in which Allaah says “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” the word aw (or) means that there is a choice, as is the apparent meaning of the verse. This is the view of the majority of scholars, may Allaah have mercy on them.



(c)

The majority of the Council believes that the deputies of the ruler – the judges – have the obligation to prove the type of crime and to pass judgement accordingly. If it is proven that it is a crime that constitutes war against Allaah and His Messenger (muhaarabah) and spreading mischief in the land, then they have the choice of issuing a sentence of execution, crucifixion, cutting off a hand and foot on opposite sides, or exile from the land, based on their ijtihaad and paying attention to the situation of the criminal and the circumstances of the crime, as well as its impact on society and what may best achieve the interests of Islam and the Muslims, unless the muhaarib has killed, in which case he should definitely be executed, as Ibn al-‘Arabi al-Maaliki narrated that there was consensus among the scholars on this point. Among the Hanbalis, the author of al-Insaaf said: There is no dispute on this point. End quote from a paper published by the Council of Senior Scholars under the title al-Hukm fi’l-Satw wa’l-Ikhtitaaf wa Muskiraat, p. 192-104.


Allaah Almighty knows best.


Islam Q&A (www.islam-qa.com)

source: http://www.islam-qa.com/index.php?ln=eng&QR=41682
​

 

[scentsofjannah]

To be quite honest i find the title of this thread and the question asked on Islam q&a to be very ridiculous and unbelievable...ofcourse any women whos been raped will defend herself and will defend herself even with weapons...its not rocket science :heated:

 

[azim]

To be quite honest i find the title of this thread and the question asked on Islam q&a to be very ridiculous and unbelievable...ofcourse any women whos been raped will defend herself and will defend herself even with weapons...its not rocket science :heated:

Asalamu alaykum.

The question was does a women 'have' to defend herself. i.e. if she was in a situation, is it neccessary for her to fight and defend herself or can she, out of fear or neccessity (i.e. in the case of the shepard with water) allow the act to happen. It's neither ridiculous or unbelievable if you consider the implications of it.

Also, by reading these replies by scholars I have increased in knowledge (even if it is a by a single hadith), and that is never a bad thing. The same goes for anyone else, if they read these and are increased in knowledge by the smallest degree, then it is benefit.

 

[Ghazi]

To be quite honest i find the title of this thread and the question asked on Islam q&a to be very ridiculous and unbelievable...ofcourse any women whos been raped will defend herself and will defend herself even with weapons...its not rocket science :heated:

If a guy was to say he would kill you if you fight back that'd scare anyone some women don't resist due to fear for their lives.

 

[Looking4Peace]

but what happens if the woman is very week and fragile and cannot protect herself? what about 10 yr olds being raped? i doubt she will be punished for not being able to, lets be serious here some men are huge while some women are about 90 lbs

 

[Ghazi]

but what happens if the woman is very week and fragile and cannot protect herself? what about 10 yr olds being raped? i doubt she will be punished for not being able to, lets be serious here some men are huge while some women are about 90 lbs

Agreed I'd rather have some guy kill me then rape.

 

[Looking4Peace]

Agreed I'd rather have some guy kill me then rape.

me too actually but i was referring to what if the girl is very small and fragile, possibly even a child and the man gets his way and just leaves her and thats it shes raped, i doubt she will be punished for this for not having the power to fight him off, i havent read that anywhere, and if anyone thinks that their sick.

 

[Malaikah]

In Sunan al-Bayhaqi it says: “From Abu ‘Abd al-Rahmaan al-Sulami, who said: ‘A woman was brought to ‘Umar who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. [‘Umar] consulted with the people as to whether he should have her stoned. ‘Ali said, ‘She was forced to do it. I think you should let her go.’ So he did so. I say: this is what should be done. If a woman is in desperate need of food and drink from a man, which he will not give her unless she lets him have his way with her, and she is scared that she will die without them, so she lets him have his way with her, then she is not to be punished. If it were asked, is it permissible for her in this situation to let him have his way with her, or does she have to suffer [her hunger and thirst] with patience, even if she dies? The answer is that her case is like that of a woman who is forced to commit zinaa, to whom it is said, ‘Either you let me have my way with you, or I will kill you.’ The woman who is forced to do this should not be punished; she can save herself from being killed in this manner, but if she bears it (i.e., being killed) with sabr (patience), this is better for her. (But she does not have to put up with with being killed). And Allaah knows best.”

^ i think thats proof enough that if she cant defend herself then she is not at fault. Obviously its not that easy for women to defend themselves agaisnt men, but maybe thats why they mentioned that if shes dies defending herself then she is a shaheed, since its not easy for a women to overpower a man physically.

i doubt she will be punished for this for not having the power to fight him off, i havent read that anywhere, and if anyone thinks that their sick.

I think maybe you misunderstood the article, that wasnt implied at all.:-\

 

[Looking4Peace]

^ i think thats proof enough that if she cant defend herself then she is not at fault. Obviously its not that easy for women to defend themselves agaisnt men, but maybe thats why they mentioned that if shes dies defending herself then she is a shaheed, since its not easy for a women to overpower a man physically.



I think maybe you misunderstood the article, that wasnt implied at all.:-\

ok thanks for clarifying that up

 

[- Qatada -]

:salamext:

Question:

What can those Muslim women do who have been assaulted and become pregnant as a result of rape? Is it permissible for them to abort the foetus or not?



Answer:

Praise be to Allaah.

Because the Muslims have become so weak and humiliated, they, along with their lands and their honour, have become fair game for anyone; the nations call one another to attack them from all sides. Many Muslim women have often become a target for the scavenging wolves of humanity, who do not fear Allaah or any deterrent, as is the case in many countries in the Muslim world, and as has happened in Bosnia and Herzegovina, in the Philippines, in Chechnya, in Eritrea, and in the prisons of some of the contemptible systems of the Arab world.


There follow some important points concerning the woman who has been raped:

1 – The raped woman who did her utmost to resist these thugs and their ilk is not guilty of any sin, because she was forced into it, and the one who is forced to do something is not guilty of sin in the case of kufr, which is worse than zinaa (unlawful sexual activity), as Allaah says (interpretation of the meaning):

“except him who is forced thereto and whose heart is at rest with Faith…”

[al-Nahl 16:106]


The Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven for my ummah for their mistakes, what they forget and what they are forced to do.” (Narrated by Ibn Maajah in al-Talaaq, 2033; classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, 1664).

The Muslim woman who has fallen prey to a rapist will be rewarded for bearing this calamity with patience, if she seeks reward with Allaah for the harm that has befallen her. The Prophet (peace and blessings of Allaah be upon him) said: “No stress or exhaustion befalls the Muslim, nor worry or distress, even a thorn which pricks him, but Allaah will expiate for his sins because of that.” (Narrated by al-Bukhaari and Muslim).



2 – Young Muslim men should hasten to marry women such as these who have been tormented, so as to reduce their suffering and console them, to compensate them for the loss of the most precious thing that they possess, which is their virginity.



3 – With regard to their having abortions – the basic principle concerning abortion is that it is haraam and is not allowed from the moment of conception when it becomes a new being and is “placed in a place of safety” [cf. al-Mursalaat 77:21], i.e., the womb, even if this being is the result of a haraam relationship such as zinaa. In the case of the Ghaamidi woman who had confessed to zina and thus the punishment of stoning became obligatory, the Messenger (peace and blessings of Allaah be upon him) told her to go away until after she had given birth, then after she had given birth, he told her to go away until the child was weaned.



4 – There are some fuqahaa’ who think that it is permissible to have an abortion within the first forty days of pregnancy. Some of them even permit it until before the soul is breathed into the embryo. The stronger the excuse, the clearer the reason for the concession is, and if that is within the first forty days it is, this means that the concession is more appropriate.



5 – Undoubtedly the rape of a Muslim woman by an evil enemy is a strong reason for the Muslim woman and for her family to have an abortion. For she will hate this foetus, the result of this iniquitous attack, and she will want to get rid of it. So this concession is to be given because of necessity, especially in the first days of the pregnancy.


6 – Nevertheless, there is nothing wrong with a Muslim woman who has suffered this disaster keeping the foetus without being forced to get rid of it. If it is decreed that it should remain in her womb for the usual term and she gives birth to it, then it will be a Muslim child, as the Prophet (peace and blessings of Allaah be upon him) said: “Every newborn is born in a state of fitrah (the natural state of man, i.e., Islam).” (Narrated by al-Bukhaari). The fitrah is the religion of Tawheed, i.e., Islam. It has been stated in fiqh that if the parents have different religions, the child should follow the parent who has the best religion. This is in cases where the father is known, but what about the child who has no father? He is a Muslim child, no doubt, and the Muslim society is obliged to take care of his upbringing, to spend on him and to bring him up well. They should not leave the burden to his poor, suffering mother.


One of the basic principles of Islam is to relieve distress and hardship, so if a Muslim girl who is keen to remain chaste is exposed to bestial aggression and fears the effect that this may have on her reputation or her honour, or fears that she may be an outcast or that she may be subjected to harm such as being killed, or she fears that she may suffer psychological or nervous diseases, or that her sanity may be affected, or that shame may be brought upon her family for a matter in which she is not guilty of any sin, or that the child will not find any place of safety, then I say: that if this is the case, there is nothing wrong with her aborting the foetus before the soul is breathed into it, especially when it has become easy for a woman to find out if she is pregnant or not, with the advance of medical means of detecting pregnancy in the first week. The earlier the abortion is carried out, the more appropriate this concession is.


And Allaah knows best.


From Ahkaam al-Janeen fi’l-Fiqh al-Islaami by ‘Umar ibn Muhammad ibn Ibraaheem Ghaanim

source: http://www.islam-qa.com/index.php?ln=eng&ds=qa&lv=browse&QR=13317
​

:wasalamex

 

[searchingsoul]

I thought you had to have four witnesses to prove that it was rape. If this is true, wouldn't a woman who killed an "attacker" be charged with murder?

 

[Ummu Sufyaan]

*bump...

what if you see someone else getting raped (i.e can you kill them as well (i.e as to stop the crime-not out of mere anger and emotion)? or does the ruling differ? i know it mentions males/husbands specifically, but i figure that it is because they tend to be more protective...the same ruling would apply if a sister witnessed it, no?

 

[Masuma]

Jazakamullahu Khair brother Qatada for this post! May Allah bless you!

I thought you had to have four witnesses to prove that it was rape. If this is true, wouldn't a woman who killed an "attacker" be charged with murder?

What? For this too, four witnesses are required? :-\