Giving correct scholarly opinions to both Muslims and non-Muslims: What is Islam's stance on rape?

Sunday, July 29, 2012

What is Islam's stance on rape?

Question:

What is the punishment for rape in Islam? What happens to the rape victim?

Answer:

If it is confirmed that a man engaged in sexual intercourse with a woman by threatening to kill her or by using some kind of drug or anesthetic, then his crime will be more serious than that of consentual sex.

The punishment thereto is death by execution. He will not be entitled to any pardon or reprieve whatsoever, regardless of whether he was single or married.

The one who forces sex upon someone else under threat of death is an evil and vile member of the society and should be purged. He is involved in an act of open violence and transgression against others and the spread of mischief throughout the land. His is the fate of bandits and highway robbers:

Allah says: “The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution or crucifixion or the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.” [Sûrah al-Mâ’idah: 33]

A woman will not be punished if there is any reason to believe that she was forced into the act. The least evidence in this regard will be sufficient to save the woman from punishment. Our Prophet (peace be upon him) said: “Allah has pardoned my people for the acts they do by mistake, due to forgetfulness, and what they are coerced into doing” [Related by Ibn Mâjah and authenticated by al-Nawawî, Ibn Hajr, and al-Albânî].

Also, it was related by Ibn Abî Shaybah through Târiq b. Shahâb that a woman accused of adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman. [The narration was approved by al-Albâni]. Ibn Qudâmah stated in his book al-Mughnî: “There is no punishment on the woman who was coerced into adultery.”

http://en.islamtoday.net/node/1076

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The purpose of this blog is to give accurate and fair fatwas from notable scholars on the religion of Islam.

What's a fatwa?

A fatwa is an opinion or ruling by one who is knowledgeable about Islamic ethics. Usually these people are Imam's, Mufti's, or anyone who has done deep studies of Islam.

Why should we follow scholars?

The Prophet Muhammed (peace be upin him) said:

“Scholars are the inheritors of the prophets.”

A Quran verse is said to coincide with this hadith:

“Then We gave the Scripture as inheritance unto those whom We elected of Our servants.” [Qur'an, 35.32]

Another hadith states:

”The superiority of a scholar (alim) over the devout (abid) is like my superiority over a worshipper or like that of the moon in the night when it is full over the rest of the stars, and truly the scholars arc the heirs of the Prophets, and truly the Prophets do not leave behind them gold or silver, they only leave knowledge as their heritage. So whosoever acquires knowledge acquires a huge fortune.” (Transmitted by Ahmad, Abu Dawud and al Tirmidhi and Ibn Majah.)

We pick and choose the most relevant opinions on major issues that many Muslims have either doubts or questions on.

The thing is there's many sites that give fatwas, but many of them are too extreme, flat out stupid or just wrong, all of whom contradict Islamic teachings. It's gets real tiring hearing about what some ulema (body of scholars) say about women, non-Muslims, and harmless customs. They judge, accuse and somtimes even degrade others. These people are suppose to guide us and help us, yet they're doing the opposite. Islam tells us only God and his Prophet (peace be upon him) can declrare what is haraam (forbidden), however these 'scholars' will find out ways to try and make whatever they want as haraam.
These are also feeders to anti-Islamic material. It makes us look even more worse than we're portrayed.

Another thing, there's many liberal and secular sites that are giving their own rulings, and they lack some of the basic Islamic education, most of which are found in kid's books. They are also doing significant damage to the ummah (worldwide Muslim community).

Our goal is to set things straight and educate both Muslims and non-Muslims about Islam. All of the postings on this blog are to-the-point As well, these posts are for our own benefit, so we can refer back to them when we need to.

The rulings and opinions from scholars on this blog are mostly selected from the following popular sites:

http://www.askthescholar.com/ (run by Sheikh Ahmed Kutty, labeled as one of the top 100 Muslims worldwide).
http://www.onislam.net/ (formerly IslamOnline, one of the most visited Islamic websites in the world).
http://www.muslimvillage.com/
http://www.askamufti.com/
http://en.islamtoday.net/
http://www.canadiancouncilofimams.com/
http://fiqhcouncil.org/
http://www.ali-gomaa.com/ (Grand Mufti of Egypt)
http://www.dar-alifta.org/ (headed by the Grand Mufti of Egypt, advises the Egyptian government on matters)

We are thankful to God that we have found these sites, as they are the only ones (as of now) who post relevant and reliable material. And we hope inshallah (God willing) other Muslims can benefit from them as well)

We also pick out videos from sites like Youtube that feature scholars giving lectures, or their opinions on certain matters.

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