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The Punishment For Rape In Islam (Read 11690 times)
falah
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The Punishment For Rape In Islam
Mar 7th, 2012 at 12:47pm
 
Esteemed Saudi scholar Sheikh Muhammed Salih al-Munajjid clarifies the ruling of punishment of rape under Islamic law:

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


...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 God 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 forbidden 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 journey without a close male relative; it forbids a woman to shake hands with a man who is not a close relative. 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 fornication/adultery, 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 dowry to the woman.

Imam Maalik said:

Quote:
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 Salmaan al-Baaji said:

Quote:
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 .


Abu Haneefah and al-Thawri said: Quote:
the prescribed 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 prescribed punishment and the “dowry” are two rights, one of which is the right of God 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.


Al-Muntaha Sharh al-Muwatta’, 5/268, 269

Ibn ‘Abd al-Barr said:

Quote:
The scholars are unanimously agreed that the rapist is to be subjected to the prescribed punishment (stoning or whipping) if there is clear evidence against him that he deserves the prescibed punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the precribed punishment for illegal sexual intercourse 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.

Al-Istidhkaar, 7/146


Secondly:

The rapist is subject to the prescribed punishment (whipping or stoning) for illegal sexual conduct, 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 (bandit who uses violence against civilians), and is to be subjected to the prescribed punishment described in the verse in which God says (interpretation of the meaning):

“The recompense of those who wage war against God and His Apostle, 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.
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« Last Edit: Mar 7th, 2012 at 1:14pm by falah »  

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Re: The Punishment For Rape In Islam
Reply #1 - Mar 7th, 2012 at 12:50pm
 
Esteemed Saudi scholar Sheikh Muhammed Salih al-Munajjid also clarifies the ruling of punishment of rape with a weapon under Islamic law:

The ruling on one who steals robs or rapes at knife-point or gun-point


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?



These crimes, which are committed by some people who have no religious commitment, are given a severe punishment in shariah (Islamic law), which is known to the scholars as the hadd (prescribed punishment) for haraabah (waging war against God) or quta’ al-tareeq (banditry). This is mentioned in the verse in which God says (interpretation of the meaning):

“The recompense of those who wage war against God 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 issued a statement concerning these crimes, in which it says:

The Council has studied what the scholars have mentioned about the shar’i (Islamic law) 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.

God 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 God be upon him) concerning muharabeen (those who use violence against civilians) guarantees security and peace of mind, and deters those who would think of committing such crimes and transgressing against the Muslims.

God says (interpretation of the meaning):

“The recompense of those who wage war against God 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”

[The Quran, al-Ma’idah v. 33]


...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 (acting with violence against civilians) and doing mischief in the land, which deserves the punishment mentioned by God in the verse in al-Ma’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.

Ibn al-‘Arabi said, telling of the time when he was a judge:

Quote:
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 God tested me about them and he said that they were not muhaaribeen, because haraabah (banditry) applies only with regard to wealth, not rape! I said to them: To God 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 God has mentioned, it would be for those who kidnap women.


(b) The Council believes that in the verse in which God says “The recompense of those who wage war against God 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 Godhave 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 God 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

http://islamqa.info/en/ref/41682
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Re: The Punishment For Rape In Islam
Reply #2 - Mar 7th, 2012 at 1:02pm
 


Quote:
.........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 God has mentioned, it would be for those who kidnap women. ...........


unless of course, mohammad does it, in which case he can have as many sex slaves as he wants.

What a gyp.
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Re: The Punishment For Rape In Islam
Reply #3 - Mar 7th, 2012 at 5:15pm
 
falah wrote on Mar 7th, 2012 at 12:47pm:
Esteemed Saudi scholar Sheikh Muhammed Salih al-Munajjid clarifies the ruling of punishment of rape under Islamic law:

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


...This is an abhorrent crime that is forbidden


“The recompense of those who wage war against God and His Apostle, 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]


A video of Sheih Munajid here,he says there is no such thing as rape in marriage in Islam because God ordered the woman to consent to her husband whenever he wants some.
If the Sheikh does not even understand the concept of rape in marriage what type of advice does he give?




What does sura 5:33 have to do with rape falah?
http://quran.com/5/33

Is 5:32 taken out of context the most?
http://www.quran.com/5/32
The children of Israel? Why do muslims always leave that bit out?
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Re: The Punishment For Rape In Islam
Reply #4 - Mar 7th, 2012 at 5:57pm
 
Baronvonrort wrote on Mar 7th, 2012 at 5:15pm:
falah wrote on Mar 7th, 2012 at 12:47pm:
Esteemed Saudi scholar Sheikh Muhammed Salih al-Munajjid clarifies the ruling of punishment of rape under Islamic law:

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


...This is an abhorrent crime that is forbidden


“The recompense of those who wage war against God and His Apostle, 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]


A video of Sheih Munajid here,he says there is no such thing as rape in marriage in Islam because God ordered the woman to consent to her husband whenever he wants some.
If the Sheikh does not even understand the concept of rape in marriage what type of advice does he give?



What exactly is it that a woman does when is getting married? Is marriage saying "We will live together, but not have sex?"

Quote:
In the early common law, the offence of rape did not extend to the marital relationship: BFW 860. Thus, a husband could never be charged or convicted of raping his wife. The husband's defence is called the marital rape immunity. The origins of this immunity can be traced to the writings of Matthew Hale. In his textbook, Pleas of the Crown (published after his death in 1736), Hale said that a husband could not be guilty of committing rape upon his wife. The reason was that by "mutual matrimonial consent the wife hath given up herself in this kind unto her husband which she cannot retract".
http://law.anu.edu.au/criminet/trape.html


Both the UK and the state of Victoria did not invent marital rape until 1991. Were British and Victorian society wrong for most of their history, or has modern society lost the plot?

Baronvonrort wrote on Mar 7th, 2012 at 5:15pm:
What does sura 5:33 have to do with rape falah?
http://quran.com/5/33


The default tranlation is not the best, I suggest ticking Muhsin Khan or Yusuf Ali. The verse was used in relation to criminals who attacked civilians with weapons in the time of Prophet Muhammed (may the peace & blessings of God be upon him), and it has been understood by scholars since then to include rapists who use weapons.


Baronvonrort wrote on Mar 7th, 2012 at 5:15pm:
Is 5:32 taken out of context the most?
http://www.quran.com/5/32
The children of Israel? Why do muslims always leave that bit out?


It is not taken out of context. It is actually supported by many verses of the Quran and hadeeth. For example, the Prophet (peace and blessings of God be upon him) said: 

“A man will continue to be sound in his religion so long as he does not shed blood which it is forbidden to shed.” 

“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of God are upon him, and a great punishment is prepared for him”
[Quran, an-Nisaa’ v.93] 

Killing non-Muslims protected by the law is also prohibited:

Abdullah ibn ‘Amr  who narrated that the Prophet (peace and blessings of God be upon him) said: “Whoever killed a mu’aahid (meaning non-Muslims living in the Islamic state, and others who are protected such as foreign ambassadors, as well as non-Muslims who have entered into a peace treaty with the Muslims) will not smell the fragrance of Paradise, although its fragrance may be detected from a distance of forty years’ travel.”
(Saheeh al-Bukhaari, 3166)

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« Last Edit: Mar 7th, 2012 at 6:03pm by falah »  

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Re: The Punishment For Rape In Islam
Reply #5 - Mar 7th, 2012 at 7:00pm
 
falah wrote on Mar 7th, 2012 at 5:57pm:
Baronvonrort wrote on Mar 7th, 2012 at 5:15pm:
falah wrote on Mar 7th, 2012 at 12:47pm:
Esteemed Saudi scholar Sheikh Muhammed Salih al-Munajjid clarifies the ruling of punishment of rape under Islamic law:

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


...This is an abhorrent crime that is forbidden


“The recompense of those who wage war against God and His Apostle, 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]


A video of Sheih Munajid here,he says there is no such thing as rape in marriage in Islam because God ordered the woman to consent to her husband whenever he wants some.
If the Sheikh does not even understand the concept of rape in marriage what type of advice does he give?



What exactly is it that a woman does when is getting married? Is marriage saying "We will live together, but not have sex?"
Do you believe marriage gives you the right to have sex whenever you want with your wife whether she is in the mood or not?
Most couples have sex before marriage and her consent is required then so why would marriage change this?


Quote:
In the early common law, the offence of rape did not extend to the marital relationship: BFW 860. Thus, a husband could never be charged or convicted of raping his wife. The husband's defence is called the marital rape immunity. The origins of this immunity can be traced to the writings of Matthew Hale. In his textbook, Pleas of the Crown (published after his death in 1736), Hale said that a husband could not be guilty of committing rape upon his wife. The reason was that by "mutual matrimonial consent the wife hath given up herself in this kind unto her husband which she cannot retract".
http://law.anu.edu.au/criminet/trape.html
What relevance does a book published in 1736 have in 2012 when it comes to law?


Both the UK and the state of Victoria did not invent marital rape until 1991. Were British and Victorian society wrong for most of their history, or has modern society lost the plot?
Did they just call it rape?
So we have marital rape,what about gang rape or even statutory rape?
Do you even know what statutory rape is?
What is your opinion of the statutory rape laws in the west?


Baronvonrort wrote on Mar 7th, 2012 at 5:15pm:
What does sura 5:33 have to do with rape falah?
http://quran.com/5/33


The default tranlation is not the best, I suggest ticking Muhsin Khan or Yusuf Ali. The verse was used in relation to criminals who attacked civilians with weapons in the time of Prophet Muhammed (may the peace & blessings of God be upon him), and it has been understood by scholars since then to include rapists who use weapons.
I prefer Muhsin Khan,my Sahih  al Bukhari was translated by him.
I think it is best to read pickthal,Yusef Ali,Shakir and Muhsin Khan then people can figure out what is trying to be said.
I thought 5:33 applied to well they can read it.



Baronvonrort wrote on Mar 7th, 2012 at 5:15pm:
Is 5:32 taken out of context the most?
http://www.quran.com/5/32
The children of Israel? Why do muslims always leave that bit out?


It is not taken out of context. It is actually supported by many verses of the Quran and hadeeth. For example, the Prophet (peace and blessings of God be upon him) said: 
Does that verse apply to muslims or jews?
Since when did the muslims become known as the children of Israel?


“A man will continue to be sound in his religion so long as he does not shed blood which it is forbidden to shed.” 

“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of God are upon him, and a great punishment is prepared for him”
[Quran, an-Nisaa’ v.93] 

Killing non-Muslims protected by the law is also prohibited:
You mean those who pay the jizya?
Is that a form of protection money?
The Mafia also look after those who pay protection money


Abdullah ibn ‘Amr  who narrated that the Prophet (peace and blessings of God be upon him) said: “Whoever killed a mu’aahid (meaning non-Muslims living in the Islamic state, and others who are protected such as foreign ambassadors, as well as non-Muslims who have entered into a peace treaty with the Muslims) will not smell the fragrance of Paradise, although its fragrance may be detected from a distance of forty years’ travel.”
(Saheeh al-Bukhaari, 3166)
Do we need to enter into a peace treaty with muslims?
Are muslims expecting us to do something about a peace treaty or can they initiate one?
We dont have to make peace treaties with the hindu/buddhist/jew/voodoo/bahai/scientologist/etc they are fairly peaceful why do we have to make a peace treaty with muslims?



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Re: The Punishment For Rape In Islam
Reply #6 - Mar 8th, 2012 at 1:30pm
 

The Punishment For Rape In Islam




Q.
Why wasn't Mohammed punished, for the crime of rape ?


A.
Because Mohammed raped female captives, and in ISLAM, raping female captives is not a crime.



i.e.
Within ISLAM, many forms of criminal behavior [within Western law], including rape [and including the rape of young female children] is 'legitimatized' [made 'lawful'] by Sharia law.



Therefore, within any society, whenever reprehensible and wicked behavior is legalized [by a society of men], then that [wicked] behavior is not considered to be criminal behavior.


e.g.
"UK, young girls plied with drugs, then raped,"
http://www.ozpolitic.com/forum/YaBB.pl?num=1329870100/14#14



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Re: The Punishment For Rape In Islam
Reply #7 - Mar 8th, 2012 at 5:07pm
 
Yadda does your religion permit lying? Because you sure do a lot of it. Do you think Jesus and Moses would approve of your lying?
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Re: The Punishment For Rape In Islam
Reply #8 - Mar 8th, 2012 at 5:11pm
 
falah wrote on Mar 8th, 2012 at 5:07pm:
Yadda does your religion permit lying? Because you sure do a lot of it. Do you think Jesus and Moses would approve of your lying?


can u say behavior of muslims have approval from their Allah?

i have seen with my own eyes some bad occurences from muslims.
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Re: The Punishment For Rape In Islam
Reply #9 - Mar 8th, 2012 at 5:43pm
 
Avram Horowitz wrote on Mar 8th, 2012 at 5:11pm:
falah wrote on Mar 8th, 2012 at 5:07pm:
Yadda does your religion permit lying? Because you sure do a lot of it. Do you think Jesus and Moses would approve of your lying?


can u say behavior of muslims have approval from their Allah?

i have seen with my own eyes some bad occurences from muslims.



God Almighty is good. However, not everyone obeys God's commandments.

If a Muslim commits a sin, then he has not obeyed God Almighty when he committed that sin.

But the worst sin anyone person can make is polytheism.

Jews make polytheism by obeying their rabbis while disobeying God Almighty.

The Jews make their rabbis gods by obeying them in disobedience to God.

The Jews even call their priests "lords (rabbis)"
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Re: The Punishment For Rape In Islam
Reply #10 - Mar 8th, 2012 at 6:40pm
 
falah wrote on Mar 8th, 2012 at 5:43pm:
But the worst sin anyone person can make is polytheism.

Jews make polytheism by obeying their rabbis while disobeying God Almighty.

The Jews make their rabbis gods by obeying them in disobedience to God.

The Jews even call their priests "lords (rabbis)"



Grin Grin Grin

I sometimes call my li'l one Lord Muck - I must be a sinner!!!

Save me, save me!
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Re: The Punishment For Rape In Islam
Reply #11 - Mar 9th, 2012 at 5:31am
 
And the UK has the House of Lords, the male members of which are called Lord whatever.....
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Re: The Punishment For Rape In Islam
Reply #12 - Mar 9th, 2012 at 12:17pm
 
falah wrote on Mar 8th, 2012 at 5:07pm:
Yadda does your religion permit lying?


Because you sure do a lot of it.


Do you think Jesus and Moses would approve of your lying?







falah,

No, my religion does NOT permit lying.

My religion says that all liars will be cast away [discarded] by God.



You ask; Do i think Jesus and Moses would approve of my lying?

Do you have a specific example, that can convince me that i am lying ?

Or, is it just that you accuse me, because telling the truth about ISLAM, is regarded by moslems as 'lies' ?



Wow!

You are going to be in a lot of trouble falah.           Roll Eyes







John 3:19
And this is the condemnation, that light is come into the world, and men loved darkness rather than light, because their deeds were evil.
20  For every one that doeth evil hateth the light, neither cometh to the light, lest his deeds should be reproved.
21  But he that doeth truth cometh to the light, that his deeds may be made manifest, that they are wrought in God.



Revelation 21:7
He that overcometh shall inherit all things; and I will be his God, and he shall be my son.
8  But the fearful, and unbelieving, and the abominable, and murderers, and whoremongers, and sorcerers, and idolaters, and all liars, shall have their part in the lake which burneth with fire and brimstone: which is the second death.



2 Thessalonians 2:8
And then shall that Wicked be revealed, whom the Lord shall consume with the spirit of his mouth, and shall destroy with the brightness of his coming:
9  Even him, whose coming is after the working of Satan with all power and signs and lying wonders,
10  And with all deceivableness of unrighteousness in them that perish; because they received not the love of the truth, that they might be saved.
11  And for this cause God shall send them strong delusion, that they should believe a lie:
12  That they all might be damned who believed not the truth, but had pleasure in unrighteousness.

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Re: The Punishment For Rape In Islam
Reply #13 - Mar 9th, 2012 at 12:29pm
 
Falah, if rape is considered such a horendous crime, why is the punishment for rape pretty much the same as the punishment for sex?

Would it be fair to say that Islam considers non-permitted sex to be a horrendous crime (with the worst possible punishment), and that the fact that it is non-consensual in rape cases is only considered a minor crime that only attracts an additional financial penalty?

That is, Islamic law is more concernced with stopping consensual sex than with rape?

Also, can you explain why the punishment for rape had to be arrived at indirectly by likening it to theft? Is the punishment for consensual sex given more directly?
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Re: The Punishment For Rape In Islam
Reply #14 - Mar 9th, 2012 at 7:42pm
 
Frances wrote on Mar 9th, 2012 at 5:31am:
And the UK has the House of Lords, the male members of which are called Lord whatever.....


And what do these so-called "lords" do? They are just like the rabbis, contradicting God's laws.
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