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In india latest in the news is a case of a woman (MRS Imrana) in north up village. Who was unfortunately raped by her Father in law.

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Asalam alaikum


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Sir, Now my question. In india latest in the news is a case of a woman (MRS Imrana) in north up village. Who was unfortunately raped by her Father in law. And the religious leaders there have issued a fatwa that now she cannot live with her husband. Can you please throw some light as to what should be done according to shariat in such a situation.

Allah Hafiz 

 

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In India there had been an incident of rape by the father in law.The media got the chance to question the authority of Muslim clerics and Ulema when the All India Muslim Personal Law Board (AIMPLB) gave its verdict against Imrana that since she has become haraam for her husband, she couldnt live with him.The AIMPLB on June 26, 2005 corroborated the edict of the Islamic seminary Darul Uloom Deoband that the woman who was allegedly raped by her father-in-law, Ali Mohammed in Muzaffarnagar, a crime prone town of the western Uttar Pradesh, could not live with her husband.The lone woman member of the AIMPLB, Begum Naseem Iqtedar in Lucknow, she said on telephone: As far as the Holy Quran is concerned, Imranas marriage to her husband Noor Ilahi stands dissolved because she has been raped by her husbands blood relative.


If she had been raped by some one else than a blood relation, she could have rightfully stayed with her husband as in the Bilqis Bano case of Gujarat where Hindu zealots raped her during the genocide, she added.


In my opinion the rapist should be punished according to Islamic law and can live with her husband as her wife. Please clarify this confusion.

 

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Assalamualaikum wrwbh


Please answer my queries

  1. What is the punishment of RAPIST in Islam?
  2. If somebody rapes her daughter-in-law, is the husband will become haram for her due to the rape done by her father-in-law?
  3. What is the righteous judgement if a father-in-law commits a rape?

awaiting for ur reply

 

One of our brothers/sisters has asked this question:

Asalamwaliekum,I am from India, and recently in papers I read that one women is raped by her father-in-law for so many times and at last she complained and recently the ulmas order her to marry father-in-law and live her husband but she went to court for justice for what she did is not mistake.my question is the decision taken by the Ulmas is right or not is there any hadis regarding this incident if so give me breif idea and whether the women has to spend her rest of life with that old man without any mistaken on her part.

waiting for the reply, allh haffiz. 

 

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Answer:

 

Raped by father in law


In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides one can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Question-1: What is the punishment of RAPIST in Islam?

Allah Says in the Holy Quran Chapter 24 Surah Noor verse 2:

2 The woman and the man guilty of zina (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.

 

Sahih Al-Bukhari Hadith 8.810 Narrated by Jabir

A man from the tribe of Aslam came to the Prophet (saws) and confessed that he had committed an illegal sexual intercourse. The Prophet (saws) turned his face away from him till the man bore witness against himself four times. The Prophet (saws) said to him, "Are you mad?" He said "No." He (saws) said, "Are you married?" He said, "Yes." Then the Prophet (saws) ordered that he be stoned to death, and he was stoned to death at the Musalla.

 

The punishment for rape is the same as that of the crime of zina in Islamic Law. If a person is married and is convicted in a Shariah Court of Law of the abomination of rape, the punishment prescribed in Shariah is that he should be stoned to death in public. But if the person is unmarried, the punishment is that he should be flogged 100 lashes in public.

 

The above is the punishment Shariah or Islamic Law allows an Islamic State to exact retribution in the life of this world on the person committing this heinous crime. If the person does not repent for his heinous crime, the punishment in the Hereafter is much more severe and ever-lasting!

 

The victim of the rape will be deemed absolutely blameless in the sight of the believers, Shariah Law, and of Allah Subhanah.

 

Question-2: If somebody rapes her daughter-in-law, is the husband will become haram for her due to the rape done by her father-in-law?
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 22-23:

22 And marry not women whom your fathers married except what is past: it was shameful and odious an abominable custom indeed.

23 Prohibited to you (for marriage) are: your mother, daughters, sisters, father's sisters, mother's sisters, brother's daughters, sister's daughters, foster-mothers (who gave you suck), foster-sisters, your wives' mothers, your step-daughters under your guardianship born of your wives to whom ye have gone in no prohibition if ye have not gone in, (those who have been) wives of your sons proceeding from your loins, and two sisters in wedlock at one and the same time except for what is past; for Allah is Oft-Forgiving Most Merciful.

 

Allah Subhanah guides the believers in His Glorious Quran that it is an absolutely shameful, odious, and an abominable act and thus absolutely prohibited for a son to ever marry a woman whom his father has married, and for a father to ever marry a woman whom his son has married!

 

The question here is when a father rapes and thus commits the abomination of zina with his sons wife, will the above prohibition that a son cannot ever marry any woman whom his father has married apply and will the sons wife remain lawful for the son.

 

 

The Quranic Law regarding the absolute prohibition of a son ever marrying his fathers wife, or the father ever marrying his sons wife is absolutely crystal clear, and all the jurists and scholars of all the major schools of thought in Islamic Jurisprudence have absolutely no difference of opinion on this issue.

 

All the jurists and scholars of all the major schools of thought also agree that if the father-in-law rapes his daughter-in-law, he has committed the heinous abomination of zina and should be punished by stoning to death in a muslim state or whatever the punishment prescribed by the civil authorities of a non-muslim state. But, under no circumstances can he marry the daughter-in-law, as she was haraam for him in the first instance, as she was already married to his son. How can one imagine that the creator of this universe will ever reward a zalim for committing the abomination of zina with marriage to the victim. What has been commanded as haraam can never be made halaal by a commitment of a sin as heinous as zina.

 

Imam Abu Hanifa of the Hanafi school of thought and Imam Ahmad bin Hanbal of the Hanbali school of thought are of the opinion that even if a father commits rape or zina with his daughter-in-law, the same law of prohibition would apply and thus that woman will become haraam for the son, and cannot remain as a lawful wife for the son. But, that does not mean that the father can marry the daughter-in-law. She was and will always remain haraam for the father.

 

 

 

Imam Shafei of the Shafei school of thought and Imam Malik of the Maliki school of thought disagree to that opinion and opine that the prohibition is specific to marriage, and does not apply in the case of zina.

 

And because in this specific case, the daughter-in-law was raped by her father-in-law, the opinion of Imam Shafei and Imam Malik would hold more weight whereby they state that the prohibition of marriage cannot be applied in cases of zina; thus the woman would remain lawful for the son as his wife, and the father be brought to justice for his abomination and crime.

 

But because the majority of the believers in the Indian sub-continent are Hanafis, they have applied the opinion of the Hanafi school of thought; although in our humble opinion, Imam Maliks and Imam Shafeis opinion holds more weight in this specific case. And Allah Alone Knows Best.

 

Question-3: What is the righteous judgement if a father-in-law commits a rape?

Regardless of whether the one who commits and is convicted in a Shariah Court of Law of the abomination of rape is a father-in-law or a stranger, Islamic Law dictates that the person be stoned to death if he is married, or given a hundred lashes in public if unmarried for his abomination of the crime! If the person does not turn back to his Lord and seek repentance before his death, his punishment for his abomination of the crime in the Presence of the Lord will be severe and ever-lasting.

 

Question-4: recently the ulmas order her to marry father-in-law and leave her husband

Allah Says in the Holy Quran Chapter 4 Surah Nisaa verse 23:

23 Prohibited to you (for marriage) are: your mother, daughters, sisters, father's sisters, mother's sisters, brother's daughters, sister's daughters, foster-mothers (who gave you suck), foster-sisters, your wives' mothers, your step-daughters under your guardianship born of your wives to whom ye have gone in no prohibition if ye have not gone in, (those who have been) wives of your sons proceeding from your loins, and two sisters in wedlock at one and the same time except for what is past; for Allah is Oft-Forgiving Most Merciful.

 

The law of the Glorious Quran is absolutely crystal clear that a father can never ever seek in marriage a woman who is or has been a wife of his son! Ever!!!! Even if the son dies or the son chooses to divorce his wife of his own free will, under no circumstances can any father marry a woman who is or has been a wife of his son in Islam. Such a marriage would be illegal, unlawful, and an absolute abomination in the Sight of Islamic Law and of Allah Subhanah.

 

Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan


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