Tuesday, 18 January 2011
Facts about Rape in Islam
For some time now, there has been an undercurrent on the internet which claims rape of women (especially Christian/Western women) is allowed by Muslims . This is not the case at all – essentially, those who propagate such outrage are either ignorant or have a desire in mischief-making.
It is high time to derail the Islamophobic mischief-makers by presenting a few facts (via Islamic scholars) which will help you to see through the Islamophobes’ hateful and insensitive plots
Do Muslims even have a word for rape? Yes!
The Arabic word ightisab (rape) refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honor of women by force. 
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 
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 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). 
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. 
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). 
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. 
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. 
Islamophobes need self control
I have composed this short blog post to help counter the Islamophobic agendas on the internet. It is depressing to observe haters insensitively wading through the misery of rape victims in order to bash Muslims and Islam. I ask those who peddle and/or support such a derisory lampooning tactic to rethink their ways.
Please realise Muslims on the internet are not liable or answerable for the sins of a handful of criminals within the Islamic community – would you like it if people began lampooning you for the indiscretions of your fellow Christians, Atheists, Hindus, Jews, Sikhs etc? No, you would not as it would be UNFAIR.
Therefore, you should stop harassing us with reports of rape perpetrated by sinful Muslim men – you are simply using the rape victims’ misery as fuel to bash regular, law-abiding Muslims – many of whom are teenagers looking to use the internet for social or study purposes!
The “thighing” hoax
Become a Muslim today!
 Islamophobes have been insensitively presenting rapes in Western countries committed by Muslim immigrants to disgracefully prop up their vile and erroneous argumentation.
 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
 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
 NationMaster’s rape per capita stats: