Ruling on the crime of rape

 

What is the ruling on the crime of rape in Islam?.

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.

Learn Holy Quran because it will be a proof for us muslim on the Day of Judgment.

This is due to the statement of the Messenger: “And the Quran is a proof for you or against you.” [Muslim] so the deputy of every Muslim is to read quran and learn quran with tajweed so one of two things will occur with this proof, the Book of Allah. And this quran education will be in your favor, a proof for us on the Day when we will need every single good deed and learning quran along with doing quran memorization is one of it and to add more spread the quran teaching and spread the kids quran knowledge and listening to quran online and understand the quran tafseer , it will be something standing against us and follow the guidance of or prophet Muhammad peace be upon him, and these good deeds will be a proof against us! Who could be saved from the terrors of that Day if Allah’s own Speech is against him?!?! Think carefully, so reading Arabic Quran and teaching our kids quran qaida with the tafseer of quran  and let the kids memorize quran dear Muslim brother or sister, about your position with the reading Quran! Are you neglecting it, contradicting it, being heedless of its orders and prohibitions, are you thinking deeply over it?! Will it be on your side on the Day of Judgment.? So learn quran recitation! O Allah! We ask you, by Your Glorious Speech and the rest of your beautiful Names and Attributes, to make the Quran a proof for us! So the Quran tutor should let his student know about these facts also,