AboutHayat Anne Collins Osman Expertise I can answer questions about Islamic belief and practice, accepting Islam, fiqh and fatwa, women`s issues, and marriage and family matters. I will not address questions regarding political issues.
Experience I have taught Islamic Studies for nine years, in the US and in Saudi Arabia. I have published articles about Islam in the Minaret of California, the Saudi Gazette, and online.
I have lectured about Islam at Islamic gatherings, churches, and hospitals.
I have answered questions about Islam at allexperts.com and elsewhere on the World Wide Web for eight years.
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Question Is a rape victim required to forgive a rapist in Islam? How much of a crime is rape seen in Islam? How about child molestion?
Answer Dear Lana,
Islam considers the lawful expression of sexuality, in contrast, is considered a great blessing, even an act of worship.
In contrast, Islam prohibits all expression of sexuality outside marriage, including flirting, kissing, and even holding hands. Therefore rape of anyone of any age, nationality, or religion by anyone of any age, nationality, or religion, is considered to be one of the most serious crimes, punishable, most often, by the death of the rapist.
This is true no matter what the marital status of the victim and of the rapist.
There is no rule in Islam requiring a rape victim to forgive the rapist, but in some jurisdictions, if the victim forgave the rapist, the rapist’s punishment might be reduced from execution to, say, flogging and incarceration.
Child molestation is treated in the same way.
Please read the fatawa below:
http://www.islamset.com/bioethics/obstet/rape.html
Rape
Rape is a grave sin and a major legal crime on the part of the assailant, and if legally proven it may be punishable by death. The assaulted woman, however, would not be considered a sinner, since she was overwhelmed and could not be blamed for it. The Quranic rule applies: "If one is forced, without wilful disobedience nor transgressing due limits, then he is guiltless, For God is Oft-Forgiving Most-Merciful. ' , (2:173)
(Islam Q&A)
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.”
http://islamicity.org/dialogue/Q560.HTM
Rape victims, society's attitude
Q560 :You have mentioned recently that a woman who faces rape is not required to sacrifice her life to escape the advances of the rapist. Your answer is well appreciated. May I ask for further clarification, what if the woman conceives as a result of this barbaric act? Who has claim to the child? Is she allowed to have an abortion? What should be the attitude of her husband and the community? Sometimes a victim of rape is rejected not only by her husband, but also by the community and even by her parents. In such cases, she is made to suffer endlessly. Please explain.
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A560 : The considered ruling is that which I have explained in the past and to which you have correctly referred. If a woman is assaulted by a man and she finds herself facing a real threat of death, she is not to be blamed for being raped. It is impossible to rationalize in advance the behavior and reaction of a woman who finds herself in such a situation. What we should say is that a woman who faces attack by a rapist should try to defend herself with all possible means. She should not and need not kill herself. If, however, she kills the rapist, she simply acts in self-defense and she is not to be blamed for killing him. If he kills her, she is a martyr. If the rapist overpowers her despite her efforts to repel him, she cannot be considered guilty of anything. Neither her family nor the community should be too harsh against her even though she may become pregnant as the result of rape. It is unfortunate that some victims of rape are treated as if they are guilty. If we are to be candid about such situations, we have to admit that such attitude is the result of a subconscious suspicion that the victim have had a share of the guilt in the affair. In Islam, we do not judge people on the basis of suspicion. We only judge them on the basis of clear evidence. If the victim of rape becomes pregnant as a result of being assaulted, she needs not have an abortion. Indeed, the same rules which apply to all cases of pregnancy apply to her with regard to the permissibility or otherwise of having an abortion. As I have explained in the past, abortion is allowed when the continuation of pregnancy threatens the life of the mother. Apart from that, a small minority of schools of thought allow abortion in very early pregnancy, but the considered opinion of the overwhelming majority of scholars, over many centuries, is that deliberate abortion is forbidden from the moment of conception, unless the continued pregnancy presents a danger to the mother's health. There is a general rule which applies to other cases of suspected parenthood. It states that "The child belongs to the man on whose bed it is born, while the adulterer bites the dust." On the basis of this rule, if a married woman is a victim of rape and she gets pregnant, her husband is the father of her child. If she is not married, she brings the child up and the rapist again "bites the dust". A community which casts a stigma on the victim of rape, must consider its attitude. If there is blame to be attached, it is not to the victim but to the community for failing to provide adequate protection to prevent crimes of rape altogether.
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Islam Questions & Answers
www.islam-qa.com
Question Reference Number:: 72338
Title: Ruling on the crime of rape
Home > Jurisprudence and Islamic Rulings > Transactions > Adultery/fornication and Homosexuality >
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Question:
What is the ruling on the crime of rape in Islam?.
Answer:
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.
See also question no. 41682
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
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Islam Questions & Answers
www.islam-qa.com
Question Reference Number:: 41682
Title: The ruling on one who steals robs or rapes at knife-point or gun-point
Home > Jurisprudence and Islamic Rulings > Transactions > Punishment and Judicial Sentences >
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.
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