Be A GOOD MUSLIM

Punishment for Rape in Islam

What is rape?

The Arabic word ightisab refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).

Rape 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 Allah 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.

Rape in Islam

Islam has a clear stance which states that rape is haram 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 in 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?

Punishment for rape in Islam

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 Malik (may Allah 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." (Al-Muwatta, 2/734)

Shaykh Salman al-Baji (may Allah 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-Shafi'i, and it is the view of al-Layth, and it was also narrated from 'Ali ibn Abi Talib (may Allah be pleased with him).