What Do Muslim Scholars Say About Rape?

Is rape a crime in Islam? Yes!

The renowned Saudi scholar, Sheikh Muhammad Saleh Al-Munajjid, condemns the act of rape and describes it as a CRIME which is FORBIDDEN and punishable:

This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who possess sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it.

Islam has a clear stance which states that this repugnant action is haram (forbidden) and imposes a deterrent punishment on the one who commits it [2]

Is rape oppression and injustice? Yes!

Here we see a comment by Sheikh Hamza Yusuf on rapists. Sheikh Hamza Yusuf believes rape is oppression and injustice:

The rapist oppresses by taking advantage of the physical weakness of his victim. Oppression is a form of injustice, and injustice always occurs from an abuse of power, hidden or manifest. [The Prayer of the Oppressed, Hamza Yusuf,Sandala Productions, 2010, Kindle Loc. 175]

So it is a myth to say Islam condones rape or allows rapists to go free? Yes!

This is confirmed by Sheikh Faraz Rabbani:

However, it is a myth to say that Islam would in any way condone rape, or allow a rapist to go free for this terrible crime against an innocent human being and against society

Is rape a sin? Yes!

Men! No matter how fly you are, or pious, you do not have the right to take advantage of women, trick them into Motel Six marriages or inflict your ego onto their bodies. Know that God sees you, your hearts and what you souls have locked away. If you have these feelings, know that there are those willing to help you before you hurt others. Rape is a horrible crime; a horrible sin before God. You must honor the wombs that carried you

See: http://thefactsaboutislam.blogspot.co.uk/2014/05/muslim-imam-speaks-out-against-rape.html

Is the rape victim punished for being raped? No!

Ibn `Abdul-Barr (may Allah bless his soul) said

There is no punishment for the woman if it is true that he forced her and overpowered her. (Al-Istidhkaar, 7/146). [2]

To punish the rapist, are four witnesses required? No!

Sheikh Rabbani states: The four witness requirement applies only to the prescribed hadd punishment (which in the case of a married person could be death and for the non-married, 100 lashes). [Marghinani, Hidaya] This punishment is only applied in very rare cases, as is clear, and is meant to be a social deterrent, above all.

As the classical and contemporary jurists (such as Mufti Taqi Usmani) have made clear, a rapist can be convicted on lesser evidence (including scientific evidence, such as DNA tests and medical reports) for discretionary punishments. These discretionary punishments are left up to the legal system to determine. [3]

So, the hadd punishment requires four witnesses but other discretionary punishments for the rapists do not? Correct!

Ibn `Abdul-Barr said:

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (that is, if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him)… (Al-Istidhkaar, 7/146). [2]

Can the rapist still receive hadd punishment even if he does not use a weapon? Yes!

Sheikh Mohammad Saleh al Munajjid writes: In addition, the rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knifepoint or gunpoint.

What about rape at knifepoint?

Sheikh al Munajjid states: If the use of a weapon was threatened, then he is a muharib, and is to be subjected to the hadd punishment described in the verse in which Allah says (The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter) (Al-Ma’idah 5:33).

So the judge has the choice of the four punishments mentioned in this verse and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors. [2]

Rape statistics are relatively low in Muslim countries

NationMaster’s per capita rape statistics do not include a Muslim country in the top 30. The statistics show the US, UK, Australia, Canada, Spain and France as having more rapes per capita than any Muslim country. [4]

Sharia Law against terrorism:
 
Learn about Islam:

References

[1] Islamophobes have been insensitively presenting rapes in Western countries committed by Muslim immigrants to disgracefully prop up their vile and erroneous argumentation.

[2] Sheikh al Munajjid discuses the punishment for the rapists. Read more: http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1125407868541#ixzz1BLjRVJLc

[3] A question of whether four witnesses to rape is required is asked of the scholar, Sheikh Faraz Rabbani. http://qa.sunnipath.com/issue_view.asp?id=12121

[4] NationMaster’s rape per capita stats:
http://www.nationmaster.com/graph/cri_rap_percap-crime-rapes-per-capita

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