What does islam say about rapists? what is their punishment?
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
my
brother, my question is straight forwar.
what
does islam say about rapists? what is their punishment? i have a friend who is
muslim and she was almost raped by her childhood friend. he is also muslim. he
forced himself on her. she is in complete depression because of him. she cant
tell anyone. she feels ashame and that she has to live with this sin the rest
of her life. how come womens live has to be filled with all the pain? she is
suffering now, but what about the guy? he doesn`t care. he is living free
without any guilt.
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Answer:
Punishment for
Rapist
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none 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.
Your
Question: my question is straight forwar. what does islam say about rapists?
what is their punishment?
The abomination of rape would be classified in Shariah
under the crime of ‘zina’ (fornication or adultery), and for the life of this
world, the same punishment that applies for one convicted in a Court of Shariah
law of ‘zina’, would apply for rape.
If a person is married and is convicted of the abomination
of rape in a Court of Shariah Law, the prescribed punishment would be to stone
the convict 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 a
righteous society to exact retribution in the life of this world from the
person committing this heinous and abomination of a crime. If the person does not repent for his
heinous sin, the punishment in the Hereafter in the Supreme Court of the
Majestic Lord would be much more severe
and ever-lasting!
Your
Question:i have a friend who is muslim and she was almost raped by her
childhood friend. he is also muslim. he forced himself on her. she is in
complete depression because of him. she cant tell anyone. she feels ashame and
that she has to live with this sin the rest of her life. how come womens live
has to be filled with all the pain?
The sister who experienced this enormous trial in her life
must rest assured that she is absolutely free of any sin or wrong-doing; and if
she has evidence and can prove her accusation, she is well within her rights to
take the person who deflowered her without right to Court, and extract just punishment
from him.
Because she is the innocent party whose rights have been
forcefully oppressed, she is absolutely blameless; thus there is absolutely no
need for her to feel ashamed or depressed….and she is well within her rights to
extract revenge from the person in a Court of Law, if she wishes to do so.
If she is unable to prove her accusation against the
person who raped her in a Court of Law, she should be rest assured that even if
the person seemingly is able to get away with his heinous crime in the life of
this short transitory world, Allah is our witness, never ever will he be able
to get away with what he has done in the Presence of the All-Knowing and
Majestic Lord on that Inevitable Day of Judgment! Allah is our witness, every oppressed will
have its day in the Presence of the Lord Most High, and no oppressor will be
able to simply walk away without paying retribution in full for his crime!
Your
Statements: she feels ashame and that she has to live with this sin the rest of
her life. how come womens live has to be filled with all the pain?
Dear and Beloved Sister, it is precisely to put an end to
this abuse and pain and to protect this invaluable and priceless honor of the
women, that Allah Subhanah, in His Supreme and Perfect Wisdom, has commanded
the believing woman to adorn the ‘hijaab’ so that she will be recognized as a
righteous woman, (and commanded both the men and the women) to lower their
gaze, scrupulously guard their modesty, prohibited them from forming any sort
of relationship with a non-mehram member of the opposite sex, not to engage in
talk with a non-mehram without genuine need, never ever to be alone with a
non-mehram, and not to befriend a non-mehram member of the opposite sex.
Not only has the Lord Most Gracious commanded the
believing woman to obey and follow His Guidance in regards to the protection of
her modesty and her honor, The Lord Most Supreme has Commanded and made is a
duty unto the guardians of the woman (the father, uncles, brothers, husband,
etc.) to maintain, sustain, and protect
the womenfolk under their ward. Such is
the value, concern, importance and esteem of the protection of the honor of
woman in Islam and in the Sight of Allah Subhanah.
If the woman or her guardians take the commands and duties
laid upon them by the All-Wise Lord lightly, or as a burden, or unnecessary and
an excessive protection as some ignorant do in these trying times…. and
something untoward were to happen because of their non-compliance to the
guidance of their Lord; they will be responsible and held accountable for their
share of the sin.
Man is so careful with his physical assets which he believes
are important and valuable to him, like his house, his car, his jewelry, his
possessions, his cash, etc. that he constantly monitors their safety and makes
sure that these are always protected and secured safely under lock-and-key at
all times! It is indeed unfortunate that
the same person who so carefully and meticulously guards his replaceable property
is so lax and casual about his most valuable and irreplaceable asset: his and
his family’s honor!
Just as one who keeps his house, his car, his cash or his
possessions unprotected and he happens to be robbed or burgled, he will hold
himself partly responsible for his loss; the woman (and her guardians) who
allowed themselves to be put in a situation whereby their most valuable asset
was at a risk should also take some responsibility upon themselves and make
absolutely sure that they never ever put themselves and their loved ones again
in a similar situation.
Your
Question: she is suffering now, but what about the guy? he doesn`t care. he is
living free without any guilt.
If the sister can prove her accusation in a Court of Law,
she is well within her rights to take the accused to court and seek retribution
by extracting revenge against the evil-doer.
But if for any reason the sister does not wish or is unable to extract
her revenge in the life of this world, she should be rest assured that even
though it may seem that the person is able to walk away with his crime without
any punishment or guilt, he will, without an iota of a doubt, be brought forth
as a criminal in the Just and Supreme Court of The All-Mighty Lord and the
sister will be able to extract her full retribution against the injustice done
towards her on that Tumultuous and Inevitable Day.
On that Inevitable Day in the Presence of the Majestic
Lord, no oppressor will be able to walk away with his sin without giving full
and complete retribution; and no oppressed one will be pushed aside without
exacting a full and complete revenge and retribution to their heart’s desire!
The other day I was reading a report on crime in the
Just as one’s replaceable assets are at risk from thieves
and burglars if they are left unprotected; Allah is our witness, the honor of
our sisters and our families will remain at risk until we give it the concern
and importance that it so rightfully deserves!
One may easily learn how to protect one’s replaceable and worldly assets
through experience, but if one is genuinely and sincerely wishes to protect
this irreplaceable and supreme asset of one’s honor, one has to turn to Divine
Guidance; for that system of protection has been devised by none other than the
One Who is All-Knowing, All-Wise!
Whatever written of Truth and benefit is only due to
Allah’s 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
Wister