Punishment for rape.
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:
Dear Brother,
Jazakallah for all the questions you've answered so far with so much detail.
May Allah reward you for your deeds and all Muslims victorious on earth and in
the hereafter.
I have already received your answers for adultery and fornication, what is the
punishment for committing rape if one if found guilty of it, or child
molestation. I don't believe i have come across this in the Hadith. What is the
punishment under Islamic law for this? Also what is the punishment for those
who watch pornography and masturbation etc. As i see many of my fellow Muslims
brothers not seeing anything wrong in this.
Can you please provide some evidence of these things so that i can relate it
back to those who do not think anything of it.
Jazakullah Kher!
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errors in the above statement. The forum does not change anything from
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confidentiality.)
Answer:
Punishment for rape
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 none 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: what is
the punishment for committing rape if one if found guilty of it, or child
molestation.
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 adultery (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." The Prophet (saws) asked, "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 (public gathering place).
Regardless of whether it is consensual or non-consensual,
any sexual intercourse between a man and a woman who are not united in the bond
of marriage is termed as ‘zina’ in Shariah terminology.
Shariah Law prescribes that if one is convicted for the
crime of ‘zina’ (unlawful sexual intercourse) in a Shariah Court of Law, their
punishment will be in accordance with their marital status; if married, they
are to be stoned to death, and if unmarried they are to be flogged a hundred
lashes.
If it is proven in court that the woman was raped, she is
absolutely blameless, and the person who raped her would be accorded the due
punishment for ‘zina’ according to his marital status.
If it is proven in a Shariah Court of Law that the one who
committed the heinous crime of rape (with an adult woman or a minor) also
committed other crimes in addition to the evil of rape, like he abducted the
victim, or used arms or ammunition to subdue the victim, or physically hurt or
injured the victim, etc., then the prescribed punishments for those crimes will
be added to the prescribed punishment of ‘zina’.
The above is only the prescribed punishment Shariah or
Islamic Law allows the righteous society or Islamic State to exact retribution
from the criminal in the life of this world.
If the person who committed this evil and heinous crime does not repent
for their sins, the punishment in the Hereafter in the Presence of the Majestic
Lord would be much more severe and much more lasting!
Your Question: …..Also
what is the punishment for those who watch pornography and masturbation etc. As
i see many of my fellow Muslims brothers not seeing anything wrong in this.
Allah says in the Holy Quran Chapter 17 Surah Israa verse
32:
Do not even go near
‘zina’ (fornication or adultery) for it is a very indecent thing and a very
evil way!
Sahih Al-Bukhari Hadith 8.260 Narrated by Ibn Abbas
I have not seen a thing resembling 'lamam'
(minor sins) than what Abu Huraira narrated from the Prophet (saws) who said
"Allah has written for the children of Adan their share of ‘zina’ which he
commits inevitably. The ‘zina’ of the eyes is the sight (to gaze at a forbidden
thing), the ‘zina’ of the tongue is the talk, and the inner self wishes and
desires and the private parts testify all this or deny it."
Sunan of Abu-Dawood Hadith 4886 Narrated by Anas ibn Malik
That he heard the Messenger of Allah (saws)
say: ‘The eye commits ‘zina’, and the palm of the hand, the foot, the body, the
tongue and private part of the body confirm it or deny it.’
Allah Says in the Holy Quran Chapter 36 Surah
Ya-Seen verse 65:
65 That Day shall We set a seal on their mouths. But their hands will speak to Us and their
feet bear witness to all that they did.
Allah Says in the Holy Quran Chapter 41 Surah
Ha-Meem verses 19-23:
19 On the Day that the enemies of Allah will be gathered together to
the Fire they will be marched in ranks.
20 At length when they reach the (Fire) their hearing, their sight, and
their skins will bear witness against them as to (all) their deeds.
21 They will say to their skins: "Why bear ye witness against
us?" They (their skins) will say:
"Allah hath given us speech, (He) Who giveth speech to everything: He
created you for the first time and unto Him were ye to return.
22 "Ye did not seek to hide yourselves lest your hearing, your
sight, and your skins should bear witness against you! But ye did think that
Allah knew not many of the things that ye used to do!
23 "But this thought of yours which ye did entertain concerning
your Lord hath brought you to destruction, and (now) have ye become of those
utterly lost!"
Although in legal terminology ‘zina’ would constitute the
actual penetration of the male organ into the female organ out of wedlock, the
Messenger of Allah (saws) warned the believers regarding the minor ‘zina’ of
the eyes, hands, legs, etc. Not only is the evil act of ‘zina’ prescribed as
absolutely forbidden in Islam, every path or every way that leads one to this
evil path is also declared as forbidden!
Such is the gravity of this abomination of ‘zina’, that Allah Subhanah
commands the believers in the Quran: ‘Do not even go near ‘zina’!!!
Thus if one intentionally sees and watches ‘fahisha’
(indecency), it would constitute ‘zina’ of the eyes; if one derives pleasure
from talks of ‘fahisha’, it would constitute ‘zina’ of the ears and mouth, if
one touches or goes towards something or someone with the intention of
‘fahisha’, it would constitute ‘zina’ of the hands and the legs! Although there is no prescribed punishment for
the ‘zina’ of the eyes, mouth, ears, hands and feet in the life of this world,
if one dies without seeking ‘taubah’ and repentance from their Lord, he will be
held severely accountable for the acts of ‘minor’ zina in the Presence of their
Majestic Lord in the Hereafter.
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