Dought & clear, - Ruling on the crime of rape.

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What is the ruling on the crime of rape in Islam?.
Praise be to Allaah.
The Arabic wordightisaabrefers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).
This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allaah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman.
Islam has a clear stance which states that this repugnant action is haraam and imposes a deterrent punishment on the one who commits it.
Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.
The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement! In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?
The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
Some scholars also say that he is required to pay a mahr to the woman.
Imam Maalik (may Allaah have mercy on him) said:
In our view the man who rapes a woman, 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. End quote.
Al-Muwatta’, 2/734
Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said:
In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him).
Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”.
The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods. End quote.
Al-Muntaha Sharh al-Muwatta’, 5/268, 269
Ibn ‘Abd al-Barr (may Allaah have mercy on him) 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 (i.e., 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). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.
Al-Istidhkaar, 7/146
Secondly:
The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allaah says (interpretation of the meaning):
“The recompense of those who wage war against Allaah 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-Maaidah 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.
And Allaah knows best.






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For children, - Muslim Ummah and Islamic Society: The Lost Message(Story of the Ants)

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From time immemorial, Ants have had many enemies.
There were some who thought it would be wise to hold council together to see if they could come to some arrangement whereby they could live without being attacked by other animals.
At the council meeting, there were Red Ants, Rice Ants, Black Ants, Wagtail Ants, Gray Ants, Shining Ants and many other varieties.
The discussion continued for a long time, but they could not agree.
Some desired that they should all live in a small hole in the ground. Others wanted to build on the ground, where nobody could enter but Ants.
Still some wanted to dwell in Trees so as to get rid of Anteaters, forgetting entirely that there they would be the prey of Birds.
Each party resolved to go to work in its own way, with its own responsibilities.
Each group had an appointed task, and each member of the group worked regularly and well.
But unity of all the Ants could not be seen anywhere in the world.
The ants chose a King from among them. They divided the labor so that all went as smoothly as it possibly could.
But each group did it in its own way and not one of them thought of protecting themselves against the onslaught of birds or Anteaters.
The Red Ants built their house on the ground and lived under it, but Anteaters flattened their home in a minute after days of precious labor.
The Rice Ants lived under the ground and with them it went no better. For whenever they came out, Anteaters were waiting.
The Wagtail Ants fled to the Trees, but on many occasions Centipedes sat waiting for them, or the birds gobbled them up.
The gray Ants had intended to save themselves from extermination by taking to flight, but lizards, hunting Spiders and birds flew a great deal faster than they did.
When the Ant King heard that the different groups of animals could come to no agreement, he sent them the secret of Unity and the message of working together.
Until this day, they have not understood the message of unity and working together between each group and each species.
"O Naml! Enter your houses, (that) Suleiman and his hosts may not crush you while they do not know" (27:18)





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Highlights, - Social evils that are destroying Muslim communities - II

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Severing ties with kinfolk: The most important of kinfolk are one's parents, and yet we find many people dealing with them in an inappropriate manner or even severing ties with them altogether. As for those who do try to fulfil the needs of their parents, many of them do it begrudgingly, while expressing discontent or complaining that it is a burden upon them. This is in spite of the fact that Allaah The Almighty commands us to not say even the least expression of discontent in this regard, saying )what means(:}“…Say not to them ]so much as[ 'Uff,' and do not repel them but speak to them a noble word.”{]Quran, 17’: 23[
The mother of Huthayl bin Hafsah, may Allaah have mercy upon him, said,
“He would collect wood during the summer and peel off the outer layer of bark himself. Then, when winter would come, he would come to me whilst I was praying, light a brazier )in my room( and place the peeled wood in it, as this does not give harmful smoke. He would do so just so that I would be warm during prayer. He would do so even though we had a servant who could do the job. Whenever I thought of stopping him and commanding him to return to his family, I would remember why he was doing it, and thus I would allow him to continue."
Why was he doing this himself despite him having a servant who could have done it for him? It was nothing but a reflection of his full dutifulness towards his mother.
This type of nobility is not limited to ones parents; rather, one should be kind to all his relatives and even his fellow Muslims.
Wasting time: The issue of wasting time is a very important one indeed. We must be careful about it and hold ourselves to account regarding it because we spend much of our time uselessly instead of spending it in acts of obedience to Allaah, as it should be utilised. Allaah The Almighty Says )what means(:}“And it is He who has made the night and the day in succession for whoever desires to remember or desires gratitude.”{]Quran, 25: 62[
Therefore, time was created so that we would fill it with acts of obedience to Allaah, The Almighty but many people do the exact opposite of this. The Salaf )righteous predecessors(, may Allaah have mercy upon them, were very keen to make use of every second of their time. Al-Hasan, may Allaah have mercy upon him, said, “I have met some people who were stingier with their time than they were with their wealth.”
People nowadays waste their times in games, late nights, socializing, watching television and in vain talk. They may even go as far as doing so at the expense of their religious obligations, such as their daily prayers, and so on.
Wasting wealth:Many men cave in under pressure from their wives and children and therefore spend extravagantly, but when they are asked to spend in charity, one would find that they are so stingy that if they were to pull out two bills to give in charity, one would invariably return to his pocket. However, if this same person were to go to a restaurant, he would have no problem in spending multiples of this amount.
Allaah The Almighty will ask us about our wealth because we were informed as such by the Prophet, sallallaahu 'alayhi wa sallam. Abu Barzah, may Allaah be pleased with him, reported, “The Messenger of Allaah sallallaahu 'alayhi wa sallam said:“Man's feet will not move on the Day of Resurrection before he is asked about his life and how he consumed it, his knowledge and what did he do with it, his wealth and how he earned it and how he disposed of it, and about his body and how he wore it out.”"]At-Tirmithi[
This does not imply that people do not spend generously or that there are no people who do any of the abovementioned matters correctly. The purpose of highlighting these points is to serve as a reminder for Muslims – at both the individual and community level – so that we realize the importance of these matters and hold ourselves to account with respect to them, as there are many of us who are failing to do so.










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