Wednesday, June 29, 2016

Islamic sources which prohibit rape

The Prophet.... 
Narrated 'Alqamah bin Wa'il Al-Kindi:
From his father: "A women went out during the time of the Prophet (Peace be upon him) to go to Salat, but she was caught by a man and he had relations with her, so she screamed and he left.

Then a man came across her and she said: 'That man has done this and that to me', then she came across a group of Emigrants (Muhajirin) and she said: 'That man did this and that to me.' They went to get the man she thought had relations with her, and they brought him to her.

She said: 'Yes, that's him.' So they brought him to the Messenger of Allah (Peace be upon him), and when he ordered that he be stoned, the man who had relations with her, said: 'O Messenger of Allah, I am the one who had relations with her.'
So he said to her: 'Go, for Allah has forgiven you.'

Then he said some nice words to the man (who was brought). And he said to the man who had relations with her: 'Stone him.' Then he said: 'He has repented a repentance that, if the inhabitants of Al-Madinah had repented with, it would have been accepted from them.' "

(Sunan al-Tirmidhi Book of Legal Punishments #1454)

The Caliphs.... 
Nafi' reported: "A man was invited as a guest of the family of a household, then he forced himself upon a woman among them. It was referred to Abu Bakr, so he flogged him and expelled him, and he did not flog the woman." (Musannaf Ibn Abi Shayba 29013)

Ibn Umar reported: "Umar ibn Al-Khattab was given a servant girl among the girls who served the leadership. She was forced upon by one of the young men, so Umar flogged the man and he did not flog the woman." (Musannaf Ibn Abi Shayba 29012) 

Hajjaj reported: "An Abyssinian forced himself upon a woman among them. It was referred to Umar Ibn Abdul Aziz and he applied legal punishment on him." (Musannaf Ibn Abi Shayba 29014) 

The Imams of Jurisprudence and Law.... 
Imam al-Shafi'i wrote: "If a man acquires by force a slave-girl, then has sexual intercourse with her after he acquires her by force, and if he is not excused by ignorance, then the slave-girl will be taken from him, he is required to pay the fine, and he will receive the punishment for illegal sexual intercourse." (Kitaabul Umm, Volume 3, page 253) 

Imam Malik wrote: "In our view the man who rapes a woman, regardless of whether she is a virgin or not, if she is a free woman he must pay a "dowry" like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. " (Al-Muwatta', Volume 2, page 734)

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