Islam on Rape

8/13/2019 Islam on Rape

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One of the misconceptions towards Islam is that a rape victim gets punished

while the rapist gets unpunished and can walk away free. It is assumed by

critics that men in Islam can commit rape with impunity. Another lie

Islamophobes, Anti-Islam propagandists do spread is that a victim who has

been raped has to produce four witnesses in order for the rapist to get

convicted and punished. Critics have never produced any evidence eitherfrom the Quran or adith anywhere indicating that there has to be four eye-

witnesses for a rapist to get punished, this is !ust made up by cra"y deluded

Islamophobes, they are a bunch of hateful mischief-makers. #he only time

when there has to be four eye-witnesses needed is for adultery, and this is

practically impossible to convict anyone with this.

At the time of $rophet %uhammad &p' a woman went out for prayer and a

man tried raping her, (she shouted) and ran off, she got away. #he woman

informed a man, that such and such happened to her. #his incident wasreported to $rophet %uhammed &p' and he declared the man who had done

such evil thing, to be stoned to death. ere is the adth*

+arrated a)il ibn u!r* hen a woman went out in the time of the $rophet

for prayer, a man attacked her and overpowered &raped' her. he shouted

and he went off, and when a man came by, she said* #hat &man' did such and

such to me. And when a company of the migrants came by, she said* #hat

man did such and such to me. #hey went and sei"ed the man whom they

thought had intercourse with her and brought him to her. he said* /es, this ishe. #hen they brought him to the %essenger of Allah. hen he &the $rophet'

was about to pass sentence, the man who &actually' had assaulted her stood

up and said* %essenger of Allah, I am the man who did it to her. e &the

$rophet' said to her* 0o away, for Allah has forgiven you. 1ut he told the man

some good words &Abu 2awud said* meaning the man who was sei"ed', and

of the man who had intercourse with her, he said* tone him to death. Abu

2awud said* Asbat bin +asr has also transmitted it from imak. 3eference*

unan Abi 2awud 4$rescribed $unishments &5itab Al-udud'6 789 In-book

reference* 1ook 7:, adith ;


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In another adith it)s reported that a slave who was in charge of other slaves,

he forced a slave-girl among the slaves who he was in charge, he had forced

intercourse with her. hen the companion of $rophet %uhammad &p', ?mar

Ibn 5hattab found out what had happened, he had the slave who raped thegirl to be flogged and the victim walk away without getting punished*

%alik related to me from +afi that a slave was in charge of the slaves in the

khumus and he forced a slave-girl among those slaves against her will and

had intercourse with her. ?mar ibn al-5hattab had him flogged and banished

him, and he did not flog the slave-girl because the slave had forced her.

%uwatta %alik @ udud nglish reference* 1ook 7, adith B Arabic

reference * 1ook 7, adith B9

As we see from the adith already shown, it)s evident that a victim does not

get punished. #he assumption by Anti-Islam evil mischief makers that the

victim gets flogged because she reports been raped is false. #he only person

that gets punished if found to be guilty, is the rapist. In another hadith the

head of tate, the ruler of the %uslims Abd al-%alik ibn %arwan &Bth Caliph'

gave !udgement on a rapist*

%alik related to me from Ibn hihab that Abd al-%alik ibn %arwan gave a

!udgement that the rapist had to pay the raped woman her bride- price.

/ahya said that he heard %alik say, hat is done in our community about

the man who rapes a woman, virgin or non-virgin, if she is free, is that he

must pay the bride-price of the like of her. If she is a slave, he must pay what

he has diminished of her worth. #he hadd-punishment in such cases is

applied to the rapist, and there is no punishment applied to the raped

woman.D nglish reference* 1ook 8=, adith 7 Arabic reference* 1ook 8=,

adith 7E

%uwatta %alik @ Fudgements

Again we see clear evidence that the rapist gets punished and there is no

punishment for the victim. /ou would have also noticed in the above adith

that the rapist had to pay compensation to the victim.


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Oliver Geaman who is a $rofessor of $hilosophy and Hantker $rofessor of

Fudaic tudies at the ?niversity of 5entucky reiterates what I mentioned at

the start of this article that the only time when there is four witnesses needed

is for adultery*

Critics also point to the lack of eual protection for victims of rape in %uslim

countries that follow haria. #hey allege that it is impossible to prove rape.

Jor purposes of this discussion, it is important to note that the haria makes

a distinction between adultery and rape and applies different rules. As the

Quran clearly states, the proof that adultery has occurred reuires four eye-

witnesses to the act, which must have been committed by a man and a

woman not validly married to one another, and the act must have been

wilfully committed by consenting adults. $roof can also be determined by a

confession. 1ut this confession must be voluntary, and based on legal

counselK it must be repeated on four separate occasions, and made by aperson who is sane. Jurthermore, those who bring a charge of adultery

against an individual must provide four eye-witnesses. Otherwise, the

accuser is then accorded a sentence for defamation &which means flogging or

a prison sentence', and his or her testimony is eLcluded in all future court

cases. #hus it is clear that the reuired testimony of four male witnesses

having seen the actual penetration applies to illicit seLual relations, not to

rape. #he reuirements for proof of rape are less stringent.

3ape charges can be brought and a case proven based on the sole testimony

of the victim, providing that circumstantial evidence supports the allegations.

It is these strict criteria of proof which leads to the freuent observation that

where in!ustice against women does occur, it is not because of Islamic law. It

happens either due to misinterpretation of the intricacies of the haria laws

governing these matters, or a cultural traditionsK or due to corruption and

blatant disregard of the law, or indeed some combination of these

phenomena.D46

Conclusion* It is evident from $rophet %uhammad &p' and all the way to the

followers of the companions, they have always punished anyone who had

forced intercourse with a female. #he assumption by critics that there has to

be four witnesses in order for a rapist to get convicted is outright lie as shown

already. Jour witnesses are not needed when it comes to rape, the only time

four witnesses are needed is for adultery. In light of the evidences shown

Islam forbids rape, and anyone found to be engaged in such under Islamic

law, would be punished severely.


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Article* Islam on Jorced %arriages*

http*>>discover-the-truth.com>;:8>;>B>islam-on-forced-marriages>

3eference*

46 Controversies in Contemporary Islam 1y $rofessor Oliver Geaman page 9E
http://discover-the-truth.com/2013/12/15/islam-on-forced-marriages/http://discover-the-truth.com/2013/12/15/islam-on-forced-marriages/

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Islam on Rape