{"id":25106715,"date":"2005-04-07T16:21:18","date_gmt":"2005-04-07T14:21:18","guid":{"rendered":"https:\/\/labidikm.net\/?p=25106715"},"modified":"2025-04-24T20:21:06","modified_gmt":"2025-04-24T18:21:06","slug":"adultery-and-rape-in-islam","status":"publish","type":"post","link":"https:\/\/labidikm.net\/en\/adultery-and-rape-in-islam\/","title":{"rendered":"Adultery and Rape in Islam"},"content":{"rendered":"

Adultery and Rape in Islam<\/strong><\/h2>\n

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<\/a>“<\/strong>, which literally refers to sexual relations outside of marriage. Meanwhile, rape is indicated by the words “Ikrah”<\/strong> (coercion) or “Ightisab”<\/strong>, 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.<\/p>\n

Marital Rape and Slavery in Islam<\/strong><\/h3>\n

First and foremost, it is important to understand that Islam does not consider marital rape<\/strong> or the rape of a slave woman<\/strong>to be forbidden acts. A man has absolute rights<\/strong> over his wife as well as over his female slaves, including sexual rights<\/strong>\u2014this is referred to as “Haq Al-Firash”<\/strong> (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<\/strong>, particularly women\u2019s rights<\/strong>.<\/p>\n

Islamic Rulings on Rape and Adultery<\/strong><\/h3>\n

In “Muwatta Malik”<\/strong>, 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<\/strong>, then the rapist must pay her a dowry<\/strong> (mahr<\/em>). If the rapist is married, his punishment (hudud<\/em>) is stoning to death<\/strong>; if he is unmarried, he receives 100 lashes<\/strong>. This ruling is shared by scholars such as Shafi\u2019i, Al-Layth, Abu Hanifa, and Al-Thawri<\/strong>. However, all of them cite a narration from Ali Ibn Abi Talib<\/strong>, stating that only the “hudud” (punishment) should be applied, without a compensatory dowry<\/strong>.<\/p>\n

Imam Malik leans towards the first opinion because he distinguishes between divine rights<\/strong>, which translate into hudud (Islamic penalties)<\/strong>, and human rights<\/strong>, represented by the dowry. To justify his position, he compares it to theft<\/strong>: a thief\u2019s hand is cut off to fulfill God\u2019s justice<\/strong>, but he is also required to return the stolen property<\/strong> to ensure justice for the victim. Furthermore, Malik does not differentiate<\/strong> between a Muslim and a non-Muslim woman, or between a married woman and a virgin<\/strong>.<\/p>\n

However, if only penetration by a finger<\/strong> occurs, causing hymenal rupture<\/strong>, Ibn Al-Muazzi cites Ibn Zayd and Ibn Al-Kadhim<\/strong>, who suggest that the dowry should be reduced to one-third<\/strong>, 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<\/strong>.<\/p>\n

Excerpt from “Fatwa Encyclopedia”<\/strong><\/h3>\n

Question: What is the difference between adultery and rape from an Islamic legal perspective?<\/strong><\/p>\n

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

    \n
  • For unmarried individuals<\/strong>, according to Ahmad and Shafi\u2019i<\/strong>, both man and woman receive 100 lashes<\/strong> and are exiled for a year<\/strong>.<\/li>\n
  • Malik and Al-Awza\u2019i<\/strong> agree but state that only the man should be exiled<\/strong>.<\/li>\n
  • Abu Hanifa<\/strong> leaves the decision to the judge\u2019s discretion<\/strong>.<\/li>\n<\/ul>\n

    If one of the involved parties is married<\/strong>, the punishment is stoning to death<\/strong>. However, Ibn Hazm and Ishaq<\/strong> argue that 100 lashes should be administered before stoning<\/strong>.<\/p>\n

    Islamic View on Rape<\/strong><\/h3>\n

    Rape<\/strong>, defined as forcing a woman to engage in unlawful intercourse<\/strong>, follows a different ruling regarding the victim:<\/p>\n

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

      For the rapist<\/strong>:<\/p>\n

        \n
      • If married<\/strong>, he is stoned to death<\/strong>.<\/li>\n
      • If unmarried<\/strong>, he is whipped<\/strong>.<\/li>\n
      • Shafi\u2019i, Malik, and Al-Layth<\/strong> also require the rapist to pay a dowry to the victim<\/strong>.<\/li>\n<\/ul>\n

        Shafi\u2019i states in Kitab Al-Umm<\/em>: “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.”<\/strong><\/p>\n

        The Danger of Islamic Law Regarding Rape<\/strong><\/h3>\n

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

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

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

        The Dark Reality of Rape in Islamic Countries<\/strong><\/h3>\n

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

        For the victim, the options are equally grim:<\/p>\n

          \n
        • Marry her rapist<\/strong>, live a life of suffering, and “restore family honor.”<\/li>\n
        • Refuse to marry him<\/strong>, but then risk lifelong rejection<\/strong>, as no man would marry her<\/strong>.<\/li>\n<\/ul>\n

          In Islamic societies<\/strong>, a rape victim is often viewed as a source of shame<\/strong>, bringing dishonor to her family, her community, and her country<\/strong>.<\/p>\n

          Victim-Blaming in Patriarchal Islamic Cultures<\/strong><\/h3>\n

          As is common in male-dominated cultures<\/strong>, women\u2014 even when raped\u2014 bear the blame<\/strong>. Many Muslims believe the victim was at fault:<\/p>\n

          \n

          “After all, she must have done something to provoke it.”<\/p>\n<\/blockquote>\n

          As a result, many rape victims accept forced marriages<\/strong> just to avoid disgrace<\/strong> and reclaim their family’s honor<\/strong>.<\/p>\n

          The Failure of Scholars to Address This Issue<\/strong><\/h3>\n

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

          It is time to speak up against Sharia law<\/strong> and challenge the injustice that continues to oppress women under the guise of religious tradition<\/strong>.<\/p>\n","protected":false},"excerpt":{"rendered":"

          Adultery and Rape in Islam Anyone familiar with Islamic laws will realize that, in Islam, there is not much distinction between adultery and rape. <\/p>\n","protected":false},"author":3,"featured_media":25106379,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[608],"tags":[],"class_list":["post-25106715","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-individual-and-society"],"_links":{"self":[{"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/posts\/25106715","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/comments?post=25106715"}],"version-history":[{"count":0,"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/posts\/25106715\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/media\/25106379"}],"wp:attachment":[{"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/media?parent=25106715"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/categories?post=25106715"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/labidikm.net\/en\/wp-json\/wp\/v2\/tags?post=25106715"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}