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| Raped Woman: Punished? This is a collection of questions and answers about the Islamic perspective on treatment of a rape victim, since there is a misunderstanding that Islam does not protect women... from different sources on the Internet. Are
raped women punished in Islam? As the question mostly revolves around
raped women, I’d confine my answer to that point, without delving into
the issue of punishing the rapist, on which there is no controversy that
if it’s proven, beyond reasonable doubt, that he’s guilty of the
crime, he will serve the punishment. But I’d like to make it clear that this
crime can be proved either by confession or testimony or even through any
modern means, thanks for the great revolution that has taken place in the
field of science. This has made it easier for criminal experts to lay
their hands on clear evidence that paves way for justice to run its
course. So what I’m trying to say is that,
contrary to what some Westerners claim, the issue is not just “bring
four witnesses or set the accused free”. Shari`ah is not a legal system
that keeps itself away from realities of life. Rather, it’s practical in
the sense that its mechanism of justice operates in a quite flexible way
that makes all its precepts and rulings applicable at all time. Anyway, as
I’ve said, I won’t go into details on that now. Moving to your question. Yes, sister, raped
women are not punished in Islam. What punishment?! This is like saying
that a person robbed of his property should be punished. Actually, this
notion belongs to places where the law of the jungle is in operation. It’s a fact that, to be absolved from guilt, the raped woman must have shown some sort of good conduct, in the sense that what befell her must be something beyond her control. This is where Islam excels. In dealing with a certain issue or addressing a certain problem, it brings forth a comprehensive panacea that uproots the problem and eliminates its causes. Rather than stipulating a temporary measure that will act as sedatives, Islam gets down to the root of the problem itself with the aim of uprooting entirely. It sets noble codes of conduct that should prevail in the society; it addresses women to maintain their modesty, as not to open the door for evils: “… be not too complacent of speech,
lest one in whose heart is a disease should be moved with desire: but
speak ye a speech (that is) just.” Surah
33 Verse 32 The above verse, despite addressing the
wives of the Prophet, peace and blessings be upon him, actually, in an
implicit way, calls upon Muslim women in general to preserve their dignity
and modesty, just to save themselves from any harassment. This injunction sounds more explicit in the
following verse: This is Islam! As we have reiterated
before, it does not hunt for crimes just to punish; rather, it works
towards the means of blocking the avenues of crimes. Even when it
punishes, it doesn’t punish blindly; rather, it strikes the guilty hand. So, for a rape victim to be absolved from
guilt, she must not be the one that opens her house for robbery and her
dignity for deflowering. If, after trying her best to resist the attack,
she gets overcome by the assailants, she is totally absolved from
punishment. Muslim scholars are unanimous on this. They
maintain that any woman, who, despite doing her utmost to resist these
thugs and their ilk, is raped, is not guilty of any sin. This is since the
situation is beyond her control, and anyone who is forced to do something
is not guilty of sin. This is even in the case of disbelief, which is
worse than zina (sex out of marriage), as Allah says: The Prophet, peace and blessings be upon
him, said: “Allah has forgiven for my Ummah for their mistakes, what
they forget and what they are forced to do.” In showing reaction to this heinous crime,
Islam takes into consideration the terrible effects it has on its victims.
Most rape victims have their self-esteem diminished after an assault or
abuse, driving them to be hunted by frequent shame, humiliation and loss
of control. This situation may even exacerbate to the
point of making rape victims find it difficult to be intimate with others.
That’s why Islam lays down certain strategies, which all in all, aim at
soothing the rape victim, opening for her new channels of hope and
survival. That’s why Islam makes it clear that any
Muslim woman who falls prey to a rapist will be rewarded for bearing this
calamity with patience, if she seeks Allah’s, reward for the harm that
has befallen her. The Prophet, peace and blessings be upon him, says:
“No stress or exhaustion befalls the Muslim, nor worry or distress, even
a thorn which pricks him, but Allah will forgive his sins because of
that.” The society also has a role to play in
rehabilitating the rape victim. Instead of deserting her or considering
her a person non grata in the society, for the crime she has no hand in,
Islam calls upon the society to rush to assist her in modifying and
improving her life. We should show her the way out the pain of abuse. Thus, many Muslim scholars, led by Sheikh
Al-Qaradawi, have maintained that young Muslim men should hasten to marry
women who fall as rape victims, so as to reduce their suffering and
console them, to compensate them for the loss of the most precious thing
that they possess. This reflects mutual love, rapport and altruism that
prevail in the Muslim society. This is, in brief, how Islam caters for
raped women. As for the site you referred to, I’ve
checked it and I see that you don’t have to bother yourself with such
things. What every Muslim should busy himself or herself with, is how to
get acquainted with the teachings of Islam, and how to acquire that from a
proper source. May Allah help us! Are Raped Women
Asked to Bring Four Witnesses? In Islam, we are not allowed to tarnish the
honor of anyone. One is required to produce four witnesses when making an
allegation of adultery against another person; otherwise, one will be
guilty of slandering. A raped woman is a victim that must be
treated with honor and kindness. She is not required to produce four
witnesses to prove the crime done against her, nor is she punished for the
crime done against her. In his response to your question, Sheikh
Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic
Institute of Toronto, Ontario, Canada, states: If a person makes an allegation of adultery
against another person (male or female) he or she must produce four
witnesses to support such an allegation; otherwise, he or she is guilty of
slandering, which is a grave offense in Islam, for we are not to tarnish
the honor of anyone. A woman who has been raped cannot be asked
to produce witnesses; her claim shall be accepted unless there are
tangible grounds to prove otherwise. To insist that she provide witnesses
is akin to inflicting further pain on her. If anyone refutes her claim of
innocence, the onus is on him to provide evidence, and she may simply deny
the claim by making a solemn oath, thus clearing herself in public. The
Prophet (peace and blessings be upon him) said, “The onus to provide
evidence falls on the one who makes a claim, and the one who denies (the
same) can absolve himself or herself by making a solemn oath to the
contrary.” As for a spouse who witnesses his or her
partner committing adultery and the other party denies it and they are
unable to provide witnesses, they are, if they so desire, to part company
by repudiating each other by engaging in what is known as a solemn oath
and prayer of curse (li`an). It is described thus in the Qur’an: “And
those who accuse their wives, and have no witnesses but themselves, then
the testimony of each of them shall be a testimony sworn by God repeated
four times, that he is indeed truthful. And the fifth (oath) is that
God’s curse be upon him if he is lying. And it shall avert punishment
from her that she testify a testimony repeated and sworn by God four
times, that he is lying. And a fifth (oath) that the wrath of God be upon
her, if he has spoken the truth” (An-Nur: 6-9). Excerpted, with slight modifications, from:
www.muslims.ca The Status of a
Rape Victim Question. Answer. While we cannot make a blanket judgment, a
Muslim community where a case of rape occurs should look at the situation
very carefully and determine its own extent of responsibility for failing
to provide that woman with adequate protection to prevent her being raped.
If the community is in a state of peace, then surely something must be
wrong if a woman is raped. Measures should be taken to look after the
victim and to prevent similar crimes. If enemy soldiers commit rape, the
victim’s family and community should treat it as part of the effects of
war. Just like a building is destroyed, or land is laid to waste, or
children are killed, women could be raped when enemy soldiers feel they
can get away with such atrocities. We cannot blame a farmer for having his
farm destroyed any more than we can blame the woman for being raped. A
husband must take good care of his wife who has been raped, helping her
overcome the trauma she suffers as a result, and trying to re-establish
normal life in their home. If he deserts her, then he is helping the
rapists against her. This is a very wrong attitude to take. If a woman
becomes so distressed as to commit suicide, after being deserted by her
husband or her family, the greater part of the blame for this new crime is
laid on the deserting husband or family. If the woman gets pregnant, the pregnancy
should not be aborted. Abortion is not permissible in Islam. It is killing
a life God wants to create. If the woman is married, the child belongs to
her and her husband. If she is unmarried, the Muslim community should help
her bring up the child when it is born. The Muslim community should learn
not to attach any stigma to mother or child. Tragedy suffered by
a girl whose mother’s husband does not fear Allâh Question: Answer: If what is mentioned in the question is
true, then what can we say about a mother’s husband who is so
despicable, vile and contemptible, and who is lacking in religious
commitment and transgresses the limits set by Allaah? To Allaah we belong
and unto Him is our return; there is no power and no strength except with
Allaah. Does he not know that Allaah has forbidden
a man to marry the daughter of his wife with whom he has consummated the
marriage? Allaah says (interpretation of the meaning): “Forbidden to you (for marriage) are:
your mothers, your daughters, … your stepdaughters under your
guardianship, born of your wives to whom you have gone in”
[al-Nisa’ 4:23] Let alone committing immoral actions with
her. Does this man not know of the serious threat which Allaah issues and
the painful torment that awaits the zaani (adulterer, one who engages in
unlawful sexual relations)? Allaah says (interpretation of the meaning): “And those who invoke not any other ilaah
(god) along with Allaah, nor kill such person as Allaah has forbidden,
except for just cause, nor commit illegal sexual intercourse and whoever
does this shall receive the punishment. The torment will be doubled to him on the
Day of Resurrection, and he will abide therein in disgrace” [al-Furqaan
25:68-69] Does he not know that committing adultery
with one's neighbour’s wife is worse than committing adultery with any
other woman? It says in the hadeeth that ‘Abd-Allaah (may Allaah be
pleased with him) said: “I said, ‘O Messenger of Allaah, which sin is
the worst?’ He said, ‘Setting up a rival to Allaah when He has created
you.’ I said, ‘Then what?’ He said, ‘Killing your child so that he
will not eat with you.’ I said, ‘Then what?’ He said, ‘Committing
adultery with your neighbour’s wife.’” (Narrated by al-Bukhaari, al-Hudood,
6313). Committing adultery with one’s
neighbour’s wife is regarded as a greater sin than committing adultery
with any other woman, so how about committing zina with someone who is his
mahram and is forbidden to him, as this evil man has done? Ibn Abi Shaybah said: Question on committing zina with a mahram: Hafs narrated from Ash’ath from ‘Adiyy ibn Thaabit from al-Bara’ that the Prophet (peace and blessings of Allaah be upon him) sent him to a man who had married his father’s wife, and ordered him to bring him his head. Wakee’ narrated from Hasan ibn Saalih from al-Suddi from ‘Adiyy ibn Thaabit that al-Bara’ said: “I met my maternal uncle and he was carrying a banner. I said, ‘Where are you going?’ He said, ‘The Prophet (peace and blessings of Allaah be upon him) has sent me to a man who married his father’s wife, to kill him, or to strike his neck.’” Al-Musannaaf by Ibn Abi Shaybah, part 8, p.
380. Also narrated by al-Nasaa’i, al-Nikaah, 3279; classed as saheeh by
al-Albaani in Saheeh al-Nasaa’i, 3123. So how about if he forced this girl to do
that, and committed zina with her against her will? It is very strange that it says in the
question that he is very religious, even though he has audaciously
transgressed the limits set by Allaah. We ask Allaah to keep us safe and
sound. One of the basic principles of Islam which no Muslim has no excuse for not knowing is that zina – with any woman at all – is haraam and is a major sin, and it is even worse if the woman with whom a person commits zina is one whom he is permanently forbidden to marry. We seek refuge with Allaah from the things that earn His wrath and painful torment. |
