What are the pertinent hadith and verses on rape?
Re: Rape - Quran and Hadith
Google it, PCG! :)
Re: Rape - Quran and Hadith
Quran, as I know it, has not discussed rape as a separate topic.
In Hadith, there is a narration where a lady was raped, and accused a guy who was about to be stoned to death because of the crime, when the real guy stood up and confessed. That hadees can be googled.
So long story short, in shariah, when a woman is raped, she is the victim and is treated like a victim. The rapist is treated like a criminal.
Re: Rape - Quran and Hadith
there is no such thing as 'consensual sex' in Islam. sex outside of marriage is called zina and both man and woman are punishable according to their individual marital status. a married man or woman having sex outside their marriages are punishable by 'stoning to death' but proving zina is quite difficult under Islamic laws. the reason being to stop unnecessary witch-hunting and also to keep it secret because it's not something that needs to be advertised.
the matter is between them and Allah.
Re: Rape - Quran and Hadith
^KKF, the question is about rape and not consensual sex outside the bond of marriage. Problem arises when the ways recommended for handling the cases of fornication is amalgamated with rape. Rape is completely different issue and doesn’t require four witnesses. Try to google rape with the term ‘hirabah’. Rape comes under ‘hirabah’ which means unlawful warfare
Hirabah - Wikipedia, the free encyclopedia
Re: Rape - Quran and Hadith
there is no such thing as 'consensual sex' in Islam. sex outside of marriage is called zina and both man and woman are punishable according to their individual marital status. a married man or woman having sex outside their marriages are punishable by 'stoning to death' but proving zina is quite difficult under Islamic laws. the reason being to stop unnecessary witch-hunting and also to keep it secret because it's not something that needs to be advertised.
the matter is between them and Allah.
Are you kidding me? Except in reality, there is a name for sex that is outside of marriage and NOT consentual. It's called rape. It's real. It actually happens to people.
Re: Rape - Quran and Hadith
^^ and to add what PCG said, rape also happens within marriage but thats a separate topic
Re: Rape - Quran and Hadith
Are you kidding me? Except in reality, there is a name for sex that is outside of marriage and NOT consentual. It's called rape. It's real. It actually happens to people.
probably, you didn't get what i meant by 'consensual sex'...lemme explain...i said if so called BF and GS have sex with each others consent then there is no crime committed but in Islam it's called zinaa and strictly prohibited. don't you agree with that? in Islam there punishment would be the same as rape.
@Pisiform, in Islam, there is no such thing as spousal rape. you may disagree with me but it's a fact. man and woman have sexual rights over each other. forcing sex is indeed not right but partners shouldn't refuse sex with each other unless they have a genuine reason for that and couples must respect that.
Re: Rape - Quran and Hadith
Zina Bil Raza (consensual sex),... and Zina Bil Jabr (Rape) are two different issues.
First one is talked in Surah Noor?. (Punisheable by Hudood)
Second one is perhaps talked in Surah Maida?. (Punisheable by Tazeer)
Re: Rape - Quran and Hadith
Zina Bil Raza (consensual sex),... and Zina Bil Jabr (Rape) are two different issues.
First one is talked in Surah Noor?. (Punisheable by Hudood)
Second one is perhaps talked in Surah Maida?. (Punisheable by Tazeer)
Peace diwana
Hudd punishment for zina is only possible if the act is seen by multiple witnesses and they complain about it with testimony under oath or if the person owns up and wants to be cleansed, otherwise no or lesser punishment and in fact those who have suspicions ought to hide the fact and find ways of hiding the truth or if it results in a child.
Rape as you say is a different matter.
Errmm, say what?
Bhai sahab, any nature of abuse to wife is a huge no in Islam. Maybe you don’t even know exactly what “rape” means, hence thinking that it is a right, rather than abuse, just because the person is married to you.
If the wife is continuously refusing the sex, then instant of forcing sex on her (which is never your right, no matter how many mullahs tell you that), Allah has given you the right to divorce her. I hate cutting and pasting from Google, but Quran clearly says
“Retain them in kindness or release them in kindness. But do not retain them to their hurt so that you transgress (the limits). If anyone does that he wrongs his own soul. Do not take God’s instructions as a jest“ (Qur’an 2:231)”
I am sure you know it hurts a woman, both physically and emotionally, when you force sex on her. It does not matter whether she is your wife or not, as pain, at least the physical one, is same. When a man inserts a woman without a her will (sorry mods for being graphic, but I am really angry with the claim that kkf made), the pain is like someone inserting a thick rigid object up a man’s posterior. I am not even talking about the insult and humiliation that a woman goes through during the act of forceful sex. I am just talking about the physical pain.
My apologies dude, but your Islamic theories make me mad sometimes. This is the attitude why divorces are happening, where tharki men demading sex day and night from their spouse, even when she is sick, busy or even pregnant; and when she says no, they either force sex on her or go all islamic that “ooo, angels will curse you all night if you don’t let me bang you”.
And then when the poor woman wants to leave the guy because of sexual abuse, because she can’t tell anyone the right reason, she is the one who gets the blame of the divorce.
Re: Rape - Quran and Hadith
Peace diwana
Hudd punishment for zina is only possible if the act is seen by multiple witnesses and they complain about it with testimony under oath or if the person owns up and wants to be cleansed, otherwise no or lesser punishment and in fact those who have suspicions ought to hide the fact and find ways of hiding the truth or if it results in a child.
Rape as you say is a different matter.
Yes. :)
Re: Rape - Quran and Hadith
What are the pertinent hadith and verses on rape?
Rape is criminal case and should be treated as such.
Rape: Victims should be given full support. Girls (or victims) accusation should be taken seriously and should be taken into account when registering case. All circumstantial evidences and possible forensic evidences (including medical checkup and DNA) should be taken into account to determine rape, and perpetrator should be given exemplary punishment ... death to rapists, his name to be published in every newspaper to make him known and family ashamed, and his property should be confiscated in favour of state and some as compensation to victim.
Adultery or fornication are civil cases and should be treated as such.
Adultery or fornication in open public places with display of act (lewdness). Here, government should look for witnesses, and both parties (man and woman) involved should be punished.
Adultery or fornication in private: There is no punishment in Islam for such act (as such act would lack reliable required witnesses else it would come under category one ... where public display and lewdness is present). Anyhow, since such is unwanted activities in Islamic society, state should spread awareness and should discourage it in every way, mostly through education, bringing awareness of religious duties, giving realization citizen responsibility to society, and so on.
Pregnancy as evidence against the girl: A women getting pregnant should not be taken as evidence of crime (rape, adultery or fornication) ... as such evidence do not determine anything. One cannot even tell if a girl is drugged and then raped without knowing ... or that a girl kept quite after rape under pressure of society ... or because of fear ... or because she did not trusted the police or justice system ... or simply she got forced into due to various pressures. So, those Muslim jurists using such evidence as credible evidence are not only doing sin and would burn in hell, but are going against obvious Islam.
There is no place Islam says that pregnancy is evidence of adultery, fornication or rape. Some retarded Muslim jurists have made pregnancy an evidence, but they are so retarded that they do not even realize that if their rulings would have been Islamic, than applying their ruling, these retards would have made Mariam (AS) guilty and deserving punishment too.
I am not sure why you said that. Yes, pregnancy can’t be used AGAINST the girl all the times, but it’s an evidence that sexual act, whether consensual or forced, took place. How can you bring bibi Mariam example here.
Re: Rape - Quran and Hadith
I am not sure why you said that. Yes, pregnancy can't be used AGAINST the girl all the times, but it's an evidence that sexual act, whether consensual or forced, took place. How can you bring bibi Mariam example here.
In Islam, there are two types of punishment. One that a person would get from Allah after judgment day (and Muslims in this world should not be concerned about that) and other what a person can get from authorities in this world (and we Muslims should be more concerned about that).
In my above posts, I talked about punishment that authority can give to perpetrator and not what Allah would give to person guilty.
In Islam, authorities only act when a crime happened that effects the society and that is the reason clause of witness requirement is very stringent. If there is any reason that nullify evidence (even denial that may seems untrue, but can not be proven otherwise) than punishment cannot be given.
Reason is simple, that is, in Islam purpose of authorities is not just to give punishment, but to provide justice and eradicate crimes using different means, and that includes spread of education, awareness campaign by government, developing sense of responsibilities, encouraging to live within law, making people believe convincingly and be proud of being Muslim, and so on.
As for pregnancy, I gave many reasons that nullify reasons to believe consensual sex happened. Rather, there is possibility that rape happened (knowingly or unknowingly) that is not reported ... and also not reporting could be for various other reasons (that I mentioned too). I believe that even if judge's daughter or daughter of those who try to promote such ruling (pregnancy is evidence of adultery or fornication) would get raped, they may also tell their daughter to keep quite.
[Note: Famous interview of Munawar Hasan is evidence, where he urged women raped to keep quite if there are not enough witnesses … though it is different matter that he was wrong in his assessment, as rape case should not depend on witnesses, but his assessment was based on belief that witness requirement and punishment should be same for rape and consensual sex, so he urged to keep quite].
In today’s world, that is more evident, as we also know that pregnancy do not even need sexual intercourse, because a woman can even get pregnant artificially. With various types of drugs, a pregnancy can also happen without girl knowing if she got raped or not.
So, since pregnancy does not prove what happened (cannot determine the cause being consensual or forced), it should not and cannot be used to determine guilt in Islam.
I gave example of Marium (AS), because whatever is mentioned in Quran … that can be used ‘as argument (daleel)’ to justify or annul beliefs and rulings.
Re: Rape - Quran and Hadith
Errmm, say what?
Bhai sahab, any nature of abuse to wife is a huge no in Islam. Maybe you don't even know exactly what "rape" means, hence thinking that it is a right, rather than abuse, just because the person is married to you.
If the wife is continuously refusing the sex, then instant of forcing sex on her (which is never your right, no matter how many mullahs tell you that), Allah has given you the right to divorce her. I hate cutting and pasting from Google, but Quran clearly says
"Retain them in kindness or release them in kindness. But do not retain them to their hurt so that you transgress (the limits). If anyone does that he wrongs his own soul. Do not take God’s instructions as a jest“ (Qur’an 2:231)"
I am sure you know it hurts a woman, both physically and emotionally, when you force sex on her. It does not matter whether she is your wife or not, as pain, at least the physical one, is same. When a man inserts a woman without a her will (sorry mods for being graphic, but I am really angry with the claim that kkf made), the pain is like someone inserting a thick rigid object up a man's posterior. I am not even talking about the insult and humiliation that a woman goes through during the act of forceful sex. I am just talking about the physical pain.
My apologies dude, but your Islamic theories make me mad sometimes. This is the attitude why divorces are happening, where tharki men demading sex day and night from their spouse, even when she is sick, busy or even pregnant; and when she says no, they either force sex on her or go all islamic that "ooo, angels will curse you all night if you don't let me bang you".
And then when the poor woman wants to leave the guy because of sexual abuse, because she can't tell anyone the right reason, she is the one who gets the blame of the divorce.
This is a separate topic. Not really related to rape. Hence I will not answer here.
There is no such thing as Marital "Rape". I have said this before in other thread(s).
Logically and religiously the concept of Marital Rape can be refuted.
Re: Rape - Quran and Hadith
I do not think example of Hazrat Mariam AS can be applied to all other women.
Re: Rape - Quran and Hadith
^^^ Why is that?
Islamic laws are not Pakistani laws that it applies to ‘Aaam’ people and not to ‘Khaas’ people. When we talk about Islamic laws, then we are talking about laws of Allah that applies to all, regardless of who they are, and their status.
On the other hand, when Marium (AS) got pregnant, she was ordinary Jewish woman, and laws that were applicable on her were same as the laws applicable on other Jewish women. Even today, Jews do not believe on virgin birth and Christians believe on virgin miraculous birth came much after the birth of Isa (AS).
So, laws that Jewish society could have applied on Marium (AS) would have been same what Jewish society of the time would have applied on other Jewish women in similar situation.
As for Islam, we are told in Quran about it, and we believe that Marium (AS) is one of the four most pious women Allah has created … along with other three, who are Assia (AS), Khadija (AS) and Fatima (AS). Obviously, when we think of Marium (AS) and birth of Isa (AS), we look at it differently (due to our knowledge from Quran).
But for Jews of the time, pregnancy of Marium (AS) and birth of Isa (AS), all was sinister and against their religious beliefs. No angels came to announce amongst Jews at large that pregnancy of Marium (AS) and birth of Isa (AS) is miraculous and happened due to command of Allah.
If Jews of Marium (AS) time were as mentally retarded as Pakistani Mullahs of today, they would have seen pregnancy of Marium (AS) and birth of Isa (AS) in same way what Pakistani Mullah would see when they find any woman in same situation … and would have given same punishment to Marium (AS) what Pakistani Mullahs would try to give to innocent woman of today in similar situation.
But truth is that, Islam does not consider pregnancy as proof of sin, rather Islam demands 4 adult sane and truthful witnesses as proof of sin (adultery or fornication) … something many retarded Mullahs ignore as they use their non-existent brain to conclude. These retards could not comprehend that pregnancy can happen ‘with or without’ consent of woman and can also happen without even the knowledge of women as she might be unconscious, sleeping deep, or under the influence of drugs. In present days, pregnancy could even happen through artificial insemination.
I know that all these situations that can lead a woman to become pregnant is rarity, but validity of these situations are enough to put doubt in making pregnancy a valid evidence, especially when one is talking about civil crime (personal sins) like adultery or fornication. On the other hand, if rape has happened and girl has reported a case of rape, than obviously pregnancy can be taken into account for DNA purpose to determine rapist.
As for rape, that is different issue (something again Pakistani Mullahs could not comprehend). In rape situation, right of one individual (woman that got raped) is violated, and thus it becomes duty of state to provide justice to woman raped. State can do that by taking words (statement) of victim women seriously, giving her all sort of counselling, followed by prosecution of the culprit using whatever means of evidence state can acquire … medical reports, DNA tests, circumstantial and forensic evidences, various statements, and any other proofs available. After successfully prosecution the culprit rapist, state should give exemplary punishment to the rapist and huge compensation to the victim.
Re: Rape - Quran and Hadith
^^^ Why is that?
Islamic laws are not Pakistani laws that it applies to ‘Aaam’ people and not to ‘Khaas’ people. When we talk about Islamic laws, then we are talking about laws of Allah that applies to all, regardless of who they are, and their status.
On the other hand, when Marium (AS) got pregnant, she was ordinary Jewish woman, and laws that were applicable on her were same as the laws applicable on other Jewish women. Even today, Jews do not believe on virgin birth and Christians believe on virgin miraculous birth came much after the birth of Isa (AS).
So, laws that Jewish society could have applied on Marium (AS) would have been same what Jewish society of the time would have applied on other Jewish women in similar situation.
As for Islam, we are told in Quran about it, and we believe that Marium (AS) is one of the four most pious women Allah has created … along with other three, who are Assia (AS), Khadija (AS) and Fatima (AS). Obviously, when we think of Marium (AS) and birth of Isa (AS), we look at it differently (due to our knowledge from Quran).
But for Jews of the time, pregnancy of Marium (AS) and birth of Isa (AS), all was sinister and against their religious beliefs. No angels came to announce amongst Jews at large that pregnancy of Marium (AS) and birth of Isa (AS) is miraculous and happened due to command of Allah.
If Jews of Marium (AS) time were as mentally retarded as Pakistani Mullahs of today, they would have seen pregnancy of Marium (AS) and birth of Isa (AS) in same way what Pakistani Mullah would see when they find any woman in same situation … and would have given same punishment to Marium (AS) what Pakistani Mullahs would try to give to innocent woman of today in similar situation.
But truth is that, Islam does not consider pregnancy as proof of sin, rather Islam demands 4 adult sane and truthful witnesses as proof of sin (adultery or fornication) … something many retarded Mullahs ignore as they use their non-existent brain to conclude. These retards could not comprehend that pregnancy can happen ‘with or without’ consent of woman and can also happen without even the knowledge of women as she might be unconscious, sleeping deep, or under the influence of drugs. In present days, pregnancy could even happen through artificial insemination.
I know that all these situations that can lead a woman to become pregnant is rarity, but validity of these situations are enough to put doubt in making pregnancy a valid evidence, especially when one is talking about civil crime (personal sins) like adultery or fornication. On the other hand, if rape has happened and girl has reported a case of rape, than obviously pregnancy can be taken into account for DNA purpose to determine rapist.
As for rape, that is different issue (something again Pakistani Mullahs could not comprehend). In rape situation, right of one individual (woman that got raped) is violated, and thus it becomes duty of state to provide justice to woman raped. State can do that by taking words (statement) of victim women seriously, giving her all sort of counselling, followed by prosecution of the culprit using whatever means of evidence state can acquire … medical reports, DNA tests, circumstantial and forensic evidences, various statements, and any other proofs available. After successfully prosecution the culprit rapist, state should give exemplary punishment to the rapist and huge compensation to the victim.
Because the Pregancy of Maryam AS was a unique, one of a kind phenomenon. That's why. :)
Re: Rape - Quran and Hadith
Rape and marriage: From reading some posts, I feel there is confusion on this topic, so I would like to clarify that according to my knowledge and understanding.
In Islam there is no such thing as rape in marriage. There are reasons for that too.
When marriage is contracted, agreed, and signed by both parties (man and woman), by default both agree to provide something to one another.
Husband agrees to provide protection and fulfil all justified material needs of his wife according to his ability, means and circumstances.
At the same time … Wife also agrees to keep herself safe from any out of marriage illegal relationship and fulfil her husband his physical (sexual) needs according to her ability and circumstances.
So, it is part of marriage contract that husband can expect fulfilment of his physical needs from wife regardless of wife at time is willing or not (just like, wife can expect fulfilment of her material needs from husband regardless of husband at time is willing or not), Only requirement is that, one at the time is capable to fulfil the need of other or not.
But there is a catch.
In Islam, abuse in whatever way, or excessive abuse to get what one wants from each other (husband and wife) is prohibited. So, if husband abuses his wife, wife can take him to court on charges of excessive abuse (rape in most circumstances happen along with excessive abuse). And if court thinks that wife’s accusation is right, court can punish husband … not on rape charges but on charges of abuse or excessive abuse. In such situation, if wife desires than court can grant her khula from her husband, and in compensation for abuse (especially when abuse was excessive) from husband, court can write off ‘Mahr’ that wife received in past from husband and has to pay back to husband if she takes khula.