What is the Islamic stance...

[Uturn]

...on wives who have been raped against their will (obviously)? Is it considered zina, even if it was against the woman's wishes?

[neelu]

The Islamic perspective regarding a woman who is raped is that she (obviously) does not warrant the punishment for zina. If she becomes pregnant as a result, there is no blame attached to the child either.

[tux08902]

We're judged based on our intentions.

If a woman is raped, then she did not wish for it to happen, meaning she is not in anyway responsible for the illicit sex. If she bares a child, then the child is in no way responsible either.

[`asiya]

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.


**************************************************
( And In Regards to any child concieved by rape)

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

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 (www.islam-qa.com)

[islamirama]

Is this wives being "raped" by their husband? Reason I ask is because the question says "wives" instead of women. And in western society if husband forces himself onto his wife then it's considered rape. It's not the same in Islam though.



If the husband rapes his wife, is that a sin in Islam? Is there any answers to this in the Quran?


I am not sure if using the word "rape" would be appropriate between the husband and the wife, because as we've seen in my Punishment for rape in Christianity and Islam (http://www.answering-christianity.com/que10.htm) article, the punishment for rape in Islam is stoning to death. This would not apply to the husband who has sexual intercourse with his wife without her will.


However, Allah Almighty is crystal clear about commanding the Muslim men to sleep properly with their wives. Let us look at the following Noble Verse:


"Your wives are as a tilth unto you; so approach your tilth when or how ye will; but do some good act for your souls beforehand; and fear God. And know that ye are to meet Him (in the Hereafter), and give (these) good tidings to those who believe. (The Noble Quran, 2:223)"


In this Noble Verse we clearly see that Allah Almighty allows for the husbands to sleep with their wives, but they MUST fear Allah when they do so. Forcing the wife into sex, or forcing her to do something that she does not desire while sleeping with her would not please Allah Almighty. He warns those men who are sexually mean to their wives that they will meet Him, and everything they do they will be held accountable for it; "Then shall anyone who has done an atom's weight of good, see it! And anyone who has done an atom's weight of evil, shall see it. (The Noble Quran, 99:7-8)"

[Uturn]

Thanks for your answers. :) islamirama, I was actually thinking along the terms of a wife being raped by someone other than her husband, but you brought up a good point and I'm grateful that you answered.

So is a muslimah considered to be unmarriable if she has been raped before in her life?

[islamirama]

Thanks for your answers. :) islamirama, I was actually thinking along the terms of a wife being raped by someone other than her husband, but you brought up a good point and I'm grateful that you answered.

So is a muslimah considered to be unmarriable if she has been raped before in her life?

You're welcome, just wasn't sure what you mean so thought i clarify it. As to your 2nd question, the answer is yes.

if a woman is about to be raped, she must fight him and do her outmost best to evade him in anyway possible, and not be compromising and allow him to do as he pleases. If she gets killed fighting to defend her honor then she is a shaheed inshalalh.

But if she done her best to stop it and still was over powered then there's no sin on her. And afterwards she must bear this difficult time and ordeal with patience, seeking guidance and strenght from Allah. Allah will reward her as no believer who is inflicted with harm but bears it with patiences won't go unrewarded.

The rape was not her fault so she should not be blamed nor punished (by society/community/ec) for the trajedy befalling her. She has right to marriage just as any other girl. Most guys who learn the truth probably won't marry her, but doesn't mean all guys are the same. We live in a society where a rape victim is either looked down upon or with sympathy but nor longer as a person. We should try to help her feel normal and try to support her, and should not hold is event against her when it comes to marriage.

[Al-Irhaab]

You're welcome, just wasn't sure what you mean so thought i clarify it. As to your 2nd question, the answer is yes.

if a woman is about to be raped, she must fight him and do her outmost best to evade him in anyway possible, and not be compromising and allow him to do as he pleases. If she gets killed fighting to defend her honor then she is a shaheed inshalalh.

But if she done her best to stop it and still was over powered then there's no sin on her. And afterwards she must bear this difficult time and ordeal with patience, seeking guidance and strenght from Allah. Allah will reward her as no believer who is inflicted with harm but bears it with patiences won't go unrewarded.

The rape was not her fault so she should not be blamed nor punished (by society/community/ec) for the trajedy befalling her. She has right to marriage just as any other girl. Most guys who learn the truth probably won't marry her, but doesn't mean all guys are the same. We live in a society where a rape victim is either looked down upon or with sympathy but nor longer as a person. We should try to help her feel normal and try to support her, and should not hold is event against her when it comes to marriage.

akhi i think u mean the answer is no.. ie that a woman is not unmarriable if she is raped infact pious brothers should look to marry her and make her life at ease and help her inshallah...

[islamirama]

akhi i think u mean the answer is no.. ie that a woman is not unmarriable if she is raped infact pious brothers should look to marry her and make her life at ease and help her inshallah...

Ah yes, i meant NO they are not unmarriable. I guess i was thinking that they can marry thus saying yes to that. jazaks for correcting me bro :up:

[Uturn]

Ok, thanks for the answers. I appreciate it.

[neelu]

So is a muslimah considered to be unmarriable if she has been raped before in her life?

Nope, only very backward people who know nothing about Islam would consider a woman to be unmarriageable as a result of a rape.