freediver wrote on Mar 9
th, 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?
You misunderstand. The punishment for illegal sex is the minimum punsihment for rape. They must be whipped or stoned.
Then there are other punishments which can be added on top for the rapist. Jailing can be added on top of the whipping for a rapist. The rapist could be jailed for life, as well as face a whipping.
If the rapist uses a weapon, he can be whipped, then afterwards executed, crucified or face double amputation as a bandit.
freediver wrote on Mar 9
th, 2012 at 12:29pm:
Also, can you explain why the punishment for rape had to be arrived at indirectly by likening it to theft?
It is not likened to theft? It is likened to banditry/robbery which mean taking something with violence.
Kidnapping a woman ( or even a man) while using a weapon could also be punishable by execution, crucifion, double ampuatation.
However rape is comsidered the more serious of crimes so should be punished with the more serious of punishments.