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Friday Freaky Fatwa--The Islamic scholars view on rape

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

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 Allah 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.
I wonder if these guys will do a study as to why Muslim men who are living in Sharia run countries, where many women are totally covered, why do they rape.

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 (a guy, but one you can’t marry because of blood or suckling, etc); 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?
I'm sure they will release the numbers of violence against their women, once they start collecting the numbers.

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.
This is a lie.  The Quran does not allow stoning.

Imam Maalik 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.
A rape or usage fee.

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 Allah 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.

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.
Open quote.  What if no one could hear her scream for help?  This is not addressed and it is a problem.

5:33 “The recompense of those who wage war against Allah 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”
So the judge has the choice of the four punishments mentioned to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors
Seems to me that women living in Sharia land would be able to run around naked if the first 3 punishments were used for every rape.

5:44 “And whosoever does not judge by what Allah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allah’s Laws)”
They are not judging by what Allah revealed in the Quran.  Rape is not specifically mentioned in the Quran, but it would fall under theft, which requires the thief to have a hand or foot chopped off.  Or, it would fall under mischief as the earlier verse states. 5:33

Allah has decreed and prescribed that the zaani should be flogged if he is a virgin and stoned if he is a non-virgin, and this applies to both men and women.
That entire sentence is a lie.  Notice that they did not provide a verse from the Quran to back it up?  I will provide the penalty for adultery or sex without marriage.

24:2 The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment

24:3  Let no man guilty of adultery or fornication marry and but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden
This is clear, you are not to kill an adulterer.

Every ruling that goes against this as a ruling must be rejected and we must strive to abolish it. The scholars stated that referring to Bedouin laws and tribal customs that go against sharia is kufr.

The heads of Bedouin clans and tribes rule, based on the sayings of their forefathers and their customs which they inherited from them, and they judge by it and refer to it for judgement in the event of disputes, based on the rulings of Jaahiliyyah or turning away from the rulings of Allah and His Messenger.

One of these is the concealment of testimony and not bearing witness out of tribal loyalty, or bearing false witness out of tribal loyalty also. And there are other reasons that may lead some people to go against sharia.
Most of the planet is against Sharia.

Based on this, the tribal Shaykhs should not judge between people in this manner, and the Muslims should not refer to them for judgement, until they (the Shaykhs) turn away from that to Islamic laws. Today – praise be to Allah – the authorities have appointed judges who judge between the people and resolve their disputes in accordance with the Book of Allah and the Sunnah of His Messenger and who solve their problems in ways that do not go against the laws of Allah, may He be exalted. So there is no excuse for anyone to refer for judgement to false judges, after the appointment of scholars of Islam to whom they may refer for judgment and who judge in accordance with the law of Allah.
Just to remind people, the sunnah is not part of the Quran, they are not sacred texts, and to follow it would be the same as following false judges.  You will see how that plays out..

If he forced her to commit zina and he destroyed the barrier between the urethra and vagina, then he must pay the mahr and also compensation, but there was a difference of opinion as to the amount. The Hanafis and Hanbalis say that it is one-third of the diyah, and the Shaafa’is say that it is the full diyah. The Hanafis agree with them if he destroys the barrier between the urethra and vagina and she can no longer control her urine.
That sounds like a very brutal rape, yet it is passed off so lightly.

Conclusion: The mahr which is paid to the woman who is forced into zina (raped), and the mahr and compensation for loss of virginity which is paid to a virgin who is forced into zina, must be paid from the wealth of the zaani and not by his male relatives, and it must go to the woman who was forced into zina, not to her relatives. As for the woman who willingly commits zina, she is not entitled to anything.

All of this comes after zina has been proven and the hadd punishment has been carried out. This makes clear the difference between what is narrated in sharia and the ruling of tribal customs.
My conclusion based on the Quran is; the rapist should be killed, crucified or have a hand or foot chopped off.  But the scholars prefer a lesser punishment so they’ve made up their own and they are not severe punishments.  Now let’s see how this plays out when A Muslim asks a scholar about rape

A Muslim asks a scholar

She was raped by her father and was no longer considered a virgin, then she had an illicit relationship with a man. Then she repented and performed ‘Umrah, and she wants to get married. What should she do, and should she tell her husband?
And the scholar replies
Praise be to Allah.

She should praise Allah for the blessings of guidance and be steadfast in adhering to the truth.  She should do a lot of acts of worship and obedience. She should try her utmost not to be alone with her father in the house. She does not have to tell her husband about what happened, if she gets married.  She should ask Allah to conceal it and to grant her a way out.
As in, get out of a culture that offers such advice.  This is how it plays out.  The female should not make a big deal out of being raped by her father.

Her father is a criminal who should be advised, rebuked and deterred.
Then why not tell her to go to the police immediately?  That he should be arrested, jailed and never see the light of day?  How about that?

We ask Allah to keep us all safe and sound.
Of course he’s speaking to the males.
Sheikh Muhammed Salih Al-Munajjid

A Muslim asks a scholar

She claims that her husband raped her daughter and left; is she divorced automatically?

A muslim woman married a muslim man when her youngest daughter was a few months old. he played the role of father. it has been discovered, after he returned to his country of birth for a visit. that he infact sexually molested the little girl and possibly rape. he denies it..but the medical reports confirm this after weeks of therapy, the child confirmed that it was him that "played" with her..she still thinks it was a cool thing that happened. he has since not returned also sd the authorities are looking for him....QUESTION DOES THIS NULLIFY THE MARRIAGE AUTOMATICALLY? QUESTION: IF NOT -HOW CAN THE MOTHER NULLIFY THIS MARRIAGE?
And the scholar replies
Praise be to Allaah.

Firstly: Firstly…for those who follow my blog you know what firstly means.  For new readers firstly means that they’re going to make up an answer and it’s going to favor the male.  They really need female scholars.

Undoubtedly what the husband did to this small child – if it is proven – is a serious crime, for which he deserves to be stoned to death.  Perhaps such incidents indicate how far such scum are from the laws of Allah.
If it is proven?…seems it was proven…
Hence the Muslim should be careful with regard to marriage, and he should be caution and be careful about letting female relatives of the wife be alone with people who are weak in faith, even if they are small.
I read that 8 times.  It’s the woman’s fault.

Secondly:  Anyone impressed with firstly??

It is well known that it is not permissible for a man to be married at the same time to two sisters, and it is not permissible for him to marry his wife’s mother – after doing the marriage contract with her – or her daughter – after consummating the marriage with the mother. So if the husband commits zina with the wife’s sister, mother or daughter, does his wife become haraam for him and must he divorce her? And if he was not married to her, is it permissible for him to marry her? These are issues concerning which the scholars differed, and there are three opinions:
The question was- the father raped the daughter, it was proven, he left, can the woman divorce him?

1. The view of the majority is that his wife does not become forbidden for him. This is the view of Ibn ‘Abbaas, ‘Urwah, Sa’eed ibn al-Musayyab and al-Zuhri, and it is the view of the majority of scholars. Some of them narrated that Ibn ‘Abbaas said that his wife becomes forbidden for him, but this is weak; the correct view is that which we have mentioned above.
She is not asking if the rapist father can marry his daughter, she is asking about divorce.  So far this is all about, can the rapist husband/father still have sex with the wife.  Un-frickin-beliveable.

Their evidence is that marriage in sharia applies only to the woman with whom the marriage contract is done, not just to intercourse. Moreover, there is no dowry, waiting period or inheritance in the case of zina.  Ibn ‘Abd al-Barr said: The scholars of different regions who issue fatwas are unanimously agreed that it is not forbidden for the adulterer to marry the woman with whom he committed adultery, so it is more permissible for him to marry her mother or daughter.
I’d like to issue a fatwa.  If the scholars parents were cousins then he cannot become a scholar.

2. The view of the Hanafis – which is also the view of al-Shaafa’i – is that touching with desire for a permissible reason comes under the same ruling as intercourse, because it is intimacy. But if it is done for a forbidden reason, it has no effect, like zina. They said: His wife become forbidden for him if he merely touches her mother or looks at her private part.
His mmmmmother???

The most correct view is the view of the majority, that his doing forbidden actions with his wife’s mother, daughter or sister does not make his wife forbidden for him, whether he is married or after the marriage has ended. Hence it is known that if a husband molests his wife’s daughter and even it is proven that he raped her, this reprehensible act does not mean that his wife becomes forbidden for him.
Women, are you reading this!!  This is the correct view of the majority of your scholars!  You should be pissed off and ashamed that these scholars have not been held accountable for their advice!

Bukhari narrated that Ibn ‘Abbaas said: If a man commits zina with his wife’s sister, his wife does not become forbidden for him.
How twisted.  This Hadith is the foundation for their fatwa.

Al-Bayhaqi narrated – that Ibn ‘Abbaas said concerning a man who committed zina with his wife’s mother: He has transgressed two sacred limits, but the wife does not become forbidden for him.
Allah called them the worst (9.97) of the worst and most in need of a message.  And these are the men these scholars see as the best of believers.  Enough to make you puke, isn’t it?

You can ask for the marriage to be annulled by the sharia judge for two legitimate reasons, the first of which is his evildoing and immorality by committing this revolting crime – if it is proven; seems by the questioner that it was proven, but it also seems like they don’t want to believe her.
the second is his being away from the home.  ???

Both of these reasons make it permissible for you to seek an annulment of the marriage from the sharia judge and to demand your rights in full. This is called divorce on the grounds of harm. Imam Malik and Imam Ahmad said concerning it: The harm which justifies seeking a separation of the couple includes everything that harms the wife or involves mistreatment of her, physically, mentally or psychologically. That varies from one woman to another, and according to circumstances and customs.
Examples of harm for which a wife may ask for divorce include hitting her for no legitimate reason, forcing her to do something haraam or not to do something obligatory, and evil deeds, immorality and misconduct on his part.
What about prosecuting him?  Telling the police?  Forcing the Sharia punishment?  I get the impression that raping a child isn’t that big a deal.  And that is the advice for mainstream Muslims.  What advice do they give to those who still live in tribes?  Well, I looked it up….

Ruling on referring to tribal customs for judgment

When a man commits zina with a woman, the tribe offers compensation to the girl’s family in the form of a payment, the amount of which is determined by tribal custom. It may be noted that the tribe helps the man to pay this money. What is the ruling on helping to pay this money if one belongs to the tribe of the one who did it? What is the ruling on taking this money if one belongs to the tribe of the girl? Please note that this town is ruled by a Christian and he does not rule it in accordance with that which Allah has revealed, hence the tribes resorted to tribal laws, which also involve ruling by something other than that which Allah has revealed.

With regard to this financial compensation, there may be two scenarios:

1 – When it is paid only where a woman is forced into zina (rape), where the rapist is made to pay the mahr to his victim, or to pay the mahr (dowry) along with compensation for loss of virginity – if she was a virgin – according to those who say that this is required. The compensation for loss of virginity is the difference between the mahr of a virgin and the mahr of one who was previously married.
Previously married women, who may be mothers, are not worth as much.

This money must be paid by the rapist, and the hadd stoning punishment must be carried out on him, and it must be given to the victim if it is proven that she was forced into it.
I assume he meant the victim should be given her dowry…but it doesn’t really read like that, does it?

If we assume that they are unable to carry out the hadd punishment, but they can force the rapist to pay the mahr to his victim, then this is acceptable, because if it is not possible to do everything, we should do as much as we can do. Allah says (interpretation of the meaning):
64:16 “So keep your duty to Allah and fear Him as much as you can”
You read what Allah said.

With regard to obliging the tribe to pay the mahr or help in doing so, there is no basis for that. Rather it must be paid from the wealth of the rapist, as stated above. Helping him to pay it means letting the rapist off lightly and encouraging rape. We will discuss the difference between the mahr and the compensation (for loss of virginity) below.

2 – If that is the procedure that is followed in all cases of zina, with no distinction between cases where the woman is forced into it (rape) and cases where she did it willingly, and the tribe is obliged to help the rapist pay this compensation, and that is regarded as a general ruling that all the tribes refer to, this is like a system of prostitution.
Um…if he rapes her, then has to pay her…translation please.  He had sex with her now he has to pay her.  That’s the punishment for rape.  If they looked in the Quran they might want to use the verse on those who cause mischief.  Crucify them.  Maybe they’re afraid they’d kill off too many men…?

It is obvious that this tribal law, which is known as saloom, is the ruling of Jaahiliyyah (the days when Arabs acted badly) which is it is not permissible to judge by or to refer to for judgment, or to help with, because Allah says (interpretation of the meaning):

“And so judge (you O Muhammad) among them by what Allah has revealed and follow not their vain desires, but beware of them lest they turn you (O Muhammad) far away from some of that which Allah has sent down to you. And if they turn away, then know that Allah’s Will is to punish them for some sins of theirs. And truly, most of men are rebellious and disobedient to Allah.
Yep, it does seem like most of the men are rebellious and disobedient.  And it seems the scholars make this possible.

If these laws are good enough for your daughters, your mothers and your wives you will not have a complaint.  But if you feel these scholars make light of raping a child or deciding that a virgin who is raped is worth more than a mother, speak up.  I had a hard time with this fatwa.  But to be forced to live under this sharia rule would be worse.
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