Adultery and Rape in Islam

Adultery and Rape in Islam

Anyone familiar with Islamic laws will realize that, in Islam, there is not much distinction between adultery and rape. The Arabic word used to denote adultery is “Zina“, which literally refers to sexual relations outside of marriage. Meanwhile, rape is indicated by the words “Ikrah” (coercion) or “Ightisab”, which imply forcing a woman into sexual intercourse through violence. Below, we will examine what Islam says about this issue without delving into excessive detail.

Marital Rape and Slavery in Islam

First and foremost, it is important to understand that Islam does not consider marital rape or the rape of a slave womanto be forbidden acts. A man has absolute rights over his wife as well as over his female slaves, including sexual rights—this is referred to as “Haq Al-Firash” (right to the bed). A wife must simply obey her husband, and a slave must obey her master, without any right to object. As you can see, this concept violates human rights, particularly women’s rights.

Islamic Rulings on Rape and Adultery

In “Muwatta Malik”, a collection of legal rulings by Imam Malik, a distinction is made between two cases of rape. If the raped woman is not a slave, then the rapist must pay her a dowry (mahr). If the rapist is married, his punishment (hudud) is stoning to death; if he is unmarried, he receives 100 lashes. This ruling is shared by scholars such as Shafi’i, Al-Layth, Abu Hanifa, and Al-Thawri. However, all of them cite a narration from Ali Ibn Abi Talib, stating that only the “hudud” (punishment) should be applied, without a compensatory dowry.

Imam Malik leans towards the first opinion because he distinguishes between divine rights, which translate into hudud (Islamic penalties), and human rights, represented by the dowry. To justify his position, he compares it to theft: a thief’s hand is cut off to fulfill God’s justice, but he is also required to return the stolen property to ensure justice for the victim. Furthermore, Malik does not differentiate between a Muslim and a non-Muslim woman, or between a married woman and a virgin.

However, if only penetration by a finger occurs, causing hymenal rupture, Ibn Al-Muazzi cites Ibn Zayd and Ibn Al-Kadhim, who suggest that the dowry should be reduced to one-third, regardless of the woman’s age or whether the raped person is a slave. The rationale behind this ruling is that the injury is classified as a wound rather than actual penetration.

Excerpt from “Fatwa Encyclopedia”

Question: What is the difference between adultery and rape from an Islamic legal perspective?

According to Islamic law, adultery that merits punishment (hudud) is an act where clear penetration of the penis into the vagina occurs outside of lawful marriage, involving two adults who are mentally competent and fully aware that the act is forbidden.

• For unmarried individuals, according to Ahmad and Shafi’i, both man and woman receive 100 lashes and are exiled for a year.
• Malik and Al-Awza’i agree but state that only the man should be exiled.
• Abu Hanifa leaves the decision to the judge’s discretion.

If one of the involved parties is married, the punishment is stoning to death. However, Ibn Hazm and Ishaq argue that 100 lashes should be administered before stoning.

Islamic View on Rape

Rape, defined as forcing a woman to engage in unlawful intercourse, follows a different ruling regarding the victim:

• Ibn Qudamah, in Al-Mughni, states: “The victim is exempt from punishment,” a view agreed upon by Islamic scholars.
• If the rape is committed by force or under verbal threats, the victim is not punished.

For the rapist:

• If married, he is stoned to death.
• If unmarried, he is whipped.
• Shafi’i, Malik, and Al-Layth also require the rapist to pay a dowry to the victim.

Shafi’i states in Kitab Al-Umm: “The rapist must pay a dowry to the woman or the enslaved victim. The victim is not punished. The rapist, if married, is stoned; if unmarried, he is whipped and exiled for a year.”

The Danger of Islamic Law Regarding Rape

Islamic law clearly does not differentiate between adultery and rape in terms of punishment for the perpetrator. However, for the victim, she is not punished in cases of rape, and in the best-case scenario, she receives financial compensation (dowry), which varies based on Islamic schools of thought.

At first glance, this may appear to be just, but caution is needed: Sharia law poses severe dangers to rape victims, especially because Islam only recognizes rape or adultery if penetration occurs.

Additionally, Islam does not distinguish between rape involving adults and that involving children. The primary concern for Islamic jurisprudence is whether the rapist was married or not, without any regard for the age or condition of the victim. In this view, rape is considered merely another form of adultery.

The Dark Reality of Rape in Islamic Countries

Even today, in most Muslim-majority countries, including those not applying full Sharia law, rapists are often offered the choice between imprisonment or marrying their victim!

For the victim, the options are equally grim:

• Marry her rapist, live a life of suffering, and “restore family honor.”
• Refuse to marry him, but then risk lifelong rejection, as no man would marry her.

In Islamic societies, a rape victim is often viewed as a source of shame, bringing dishonor to her family, her community, and her country.

Victim-Blaming in Patriarchal Islamic Cultures

As is common in male-dominated cultures, women— even when raped— bear the blame. Many Muslims believe the victim was at fault:

“After all, she must have done something to provoke it.”

As a result, many rape victims accept forced marriages just to avoid disgrace and reclaim their family’s honor.

The Failure of Scholars to Address This Issue

Despite the outrageous injustice of Islamic rape laws, Western and Arab intellectuals rarely address the issue. Some remain silent, hoping no one will notice or dare to criticize Islamic teachings.

It is time to speak up against Sharia law and challenge the injustice that continues to oppress women under the guise of religious tradition.