What is the legal ruling on the crime of rape?

 Question:

What is the legal ruling on the crime of rape?

Answer:

Thank God

First:
Rape is the taking of something unjustly and by force, and it has now become a term specifically for assaulting women’s honor
by force. It is an ugly crime forbidden in all religions, and by all rational people and people of sound nature. All earthly systems and laws consider this act ugly and impose the most severe punishments on it, with the exception of some countries that lift the punishment for the rapist if he marries his victim! This indicates a regression in nature and a disordered mind, in addition to the lack of religion or its absence among those who have opposed God Almighty in legislation. We do not know what affection and mercy there will be between the executioner and his victim, especially since the pain of rape cannot be removed by time or erased - as they say - and therefore many raped women have tried to commit suicide and many of them have achieved what they wanted. It has been proven that these marriages have failed, and they have only been accompanied by humiliation and degradation for the woman.
It is appropriate for this pure religion to have a clear and explicit position on prohibiting this heinous act and imposing a deterrent punishment on its perpetrator.
Islam has closed the doors through which criminals enter to commit their crimes. Western studies have shown that most of these rapists are criminals who commit their crimes under the influence of alcohol and drugs, and that they take advantage of their victims walking alone in isolated places, or staying alone in their homes. These studies have also shown that what criminals see in the media, and the clothes that women wear that are almost naked, all of this leads to the occurrence of this heinous crime.
Islamic legislation came to protect women’s honor and modesty, and it forbids them from immodest clothing, and forbids them from traveling without a mahram, and forbids them from shaking hands with men who are not related to them. Sharia urges the initiative to marry young men and marry girls. All of this – and much more – closes the door on criminals from preying on their victims. Therefore, we are not surprised if we hear or read that most of these crimes occur in corrupt societies, whose people want Muslim women to be like them in terms of civilization and sophistication! In America, for example, Amnesty International stated in a report entitled “Stop Violence Against Women” in 2004 that a woman is raped there every 90 seconds! What kind of life do these people live?! What kind of advancement and civilization do they seek to bring Muslim women into?!
Secondly:
As for the punishment for rape in Islamic law: the rapist is subject to the punishment for adultery, which is stoning if he is married, and one hundred lashes and exile for a year if he is not married.
Some scholars require him to pay the woman’s dowry.
Imam Malik (may Allah have mercy on him) said:
“The ruling in our view regarding a man who rapes a woman, whether she is a virgin or not, is that if she is free, then he must pay the dowry of her peers, and if she is a slave, then he must pay whatever is missing from her price. The punishment for that is on the rapist, and there is no punishment for the raped woman in all of that.” End quote .
“Al-Muwatta’” (2/734).
Sheikh Sulayman al-Baji, may God have mercy on him, said:
“If the woman who was forced is free, then she is entitled to a dower like that of her peers from the one who forced her, and he is subject to the prescribed punishment. This is what al-Shafi’i said, and it is the view of al-Layth, and it was narrated on the authority of Ali ibn Abi Talib, may God be pleased with him.
Abu Hanifa and al-Thawri said: He is subject to the prescribed punishment but not the dower.
The evidence for what we say is that the prescribed punishment and the dower are two rights: one belongs to God and the other belongs to the creation, so it is permissible for them to come together, such as cutting off the hand in the case of theft and returning it .” End quote. “
Al-Muntaqa Sharh al-Muwatta’” (5/268, 269).
Ibn Abd al-Barr, may God have mercy on him, said:

“The scholars have agreed that the forced rapist must be punished if the evidence testifies against him in a way that warrants the punishment, or if he confesses to that. If not, then he must be punished (meaning: if the punishment for adultery is not proven against him due to his not confessing and the absence of four witnesses, then the judge punishes him and punishes him with the punishment that deters him and his likes). And there is no punishment for her if it is proven that he forced her and overpowered her, and that is known from her screaming, her cries for help, and her shouting.” End quote .
“Al-Istidhkar” (7/146)
Third:
The rapist is subject to the punishment for zina, unless he was raped by threatening with a weapon. If he was threatened with a weapon, then he is considered a combatant, and the punishment mentioned in the words of Allah the Almighty applies to him: “The only reward of those who wage war against Allah and His Messenger and strive after corruption in the land is that they will be killed or crucified or have their hands and feet cut off on opposite sides or be exiled from the land. That is for them a disgrace in this world, and in the Hereafter they will have a great punishment.” ( Al-Ma’idah 5:33 )
The ruler chooses from these four punishments mentioned in the noble verse what he sees as appropriate and that achieves the interest, which is the spread of security and safety in society, and the repelling of corrupt aggressors.
See question no. ( 41682 ).
And Allah knows best.


Islam Question and Answer

First:
We would like to clarify several matters.
1- There is a difference between rape and adultery.
Rape is coercion into adultery.
Adultery is the consent of both parties to commit the act without coercion.

2- The punishment for rape is different from the punishment for adultery.
The punishment for adultery is set by Sharia as stoning or flogging,
while the punishment for rape extends to the punishment for banditry.
Allah the Almighty said: “ The only reward of those who wage war against Allah and His Messenger and strive after corruption in the land is that they will be killed or crucified or have their hands and feet cut off on alternate sides or be exiled from the land. That will be their disgrace in this world, and in the Hereafter they will have a great punishment. ” ( Al-Ma’idah 33 )

Secondly:
We come to the point raised by the secularist, which is proving the crime of rape.
Before we talk about the crime of rape, we will first mention the verses that talk about the crime of adultery.
We read in Surat An-Nur the words of God Almighty:
(( A surah which We have revealed and imposed, and We have sent down in it clear verses that you may remember. (1) The adulterer and the adulteress - flog each one of them with a hundred lashes. And let not pity for them seize you in the religion of God, if you believe in God and the Last Day. And let a party of the believers witness their punishment. (2) The adulterer - not None marries except an adulteress or a polytheist. And the adulteress - none marries her except an adulterer or a polytheist. And that has been forbidden to the believers. (3) And those who accuse chaste women and then do not produce four witnesses - flog them with eighty lashes and do not accept their testimony ever after. And those are the wicked. (4) Except for those who repent after that and reform; then indeed, Allah is Knowing and Wise. Forgiving, Most Merciful. (5) And those who accuse their wives but have no witnesses except themselves - the testimony of one of them is four testimonies by Allah that he is indeed of the truthful. (6) And the fifth is that the curse of Allah be upon him if he is of the liars. (7) And he will avert the punishment from her if she bears witness four times by Allah that he is indeed of the liars. (8) And the fifth is that (9) And had it not been for the grace of Allah upon you and His mercy and that Allah is Forgiving and Wise (10) ) An-Nur
In these verses, the Holy Quran speaks about (( accusing chaste women )) meaning accusing chaste women of the crime of adultery.
There is a difference between:

A witness comes and claims that this married woman committed adultery .

And between

A witness must come and testify to what he saw of the incident (kidnapping and coercion) of a married woman, claiming that this man kidnapped her and had intercourse with her.

The first: a claimant who must provide evidence.
The second: a witness (a mere witness to what he saw) and not a claimant.

Since Islam is very keen to preserve honor,
it has made the ruling on whoever accuses ( and I repeat, accuses ) chaste women very strict.
It has made it obligatory for him to bring four witnesses. This is to preserve the honor of chaste women.
The situation is different with the husband in the case of his testimony against his wife, as is clear in the previous verses.
We conclude from this the following:
1- The Sharia has made it obligatory for the claimant (of adultery) to bring four witnesses.
2- The Sharia has specified a punishment for whoever claims (of adultery) and does not bring witnesses, which is flogging.
All of this is for the sake of making it more strict to avoid speaking about honor.

Third:
Now we come to the crime of rape :
The punishment for the crime of rape is the same as the punishment for highway robbery, as stated in the words of Allah the Most High:
(( The only reward of those who wage war against Allah and His Messenger and strive to cause corruption in the land is that they will be killed or crucified or have their hands and feet cut off on alternate sides or be exiled from the land. That will be their disgrace in this world, and in the Hereafter they will have a great punishment .))

Here, the woman is not required to produce four witnesses for the rapist to receive his punishment.
Rather, it is sufficient for her to prove that she was kidnapped by force in order for him to receive the punishment for highway robbery and striving to cause corruption in the land.
This is what my brother Aladdin mentioned.

This is known by her screaming, her cries for help, and her shouting .

This is what the witnesses will testify to, and it is sufficient for him to be punished.

Fourth:
Now we come to what the secularist imagines as evidence proving adultery.
We find him mentioning the following:

Results of medical and laboratory tests using DNA to prove or disprove the crime

The important question here is: Does the DNA
test prove the crime of rape?
Of course it does not prove this crime.
It is possible that the woman is an adulteress and not a rapist.
Meaning that the relationship was with her consent and satisfaction, in which case she is punished as he is.
We have previously differentiated between adultery and rape,
and there are other things that a woman may have done to trick him into becoming pregnant without penetration.
It is possible that ..... and it is possible that ..... So

to achieve justice, it must be proven that the act of adultery was forced upon her (rape) by the rapist and no one else.
This will not be achieved except by his confession or by the testimony of witnesses, as we have previously explained.

From the above, it is clear that the Islamic religion is keen to protect honor from accusations.
Whoever makes a claim must provide evidence and proof, not circumstantial evidence and conjecture.