Punishment for rape.

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

Dear Brother,
 
Jazakallah for all the questions you've answered so far with so much detail. May Allah reward you for your deeds and all Muslims victorious on earth and in the hereafter.

 
I have already received your answers for adultery and fornication, what is the punishment for committing rape if one if found guilty of it, or child molestation. I don't believe i have come across this in the Hadith. What is the punishment under Islamic law for this? Also what is the punishment for those who watch pornography and masturbation etc. As i see many of my fellow Muslims brothers not seeing anything wrong in this.

 
Can you please provide some evidence of these things so that i can relate it back to those who do not think anything of it.

 
Jazakullah Kher!

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Punishment for rape

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Your Question: what is the punishment for committing rape if one if found guilty of it, or child molestation.

Allah Says in the Holy Quran Chapter 24 Surah Noor verse 2:

2        The woman and the man guilty of ‘zina’ (fornication) flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the believers witness their punishment.

 

Sahih Al-Bukhari Hadith 8.810         Narrated by Jabir

A man from the tribe of Aslam came to the Prophet (saws) and confessed that he had committed adultery (illegal sexual intercourse). The Prophet (saws) turned his face away from him till the man bore witness against himself four times. The Prophet (saws) said to him, "Are you mad?" He said "No."  The Prophet (saws) asked, "Are you married?" He said, "Yes."  Then the Prophet (saws) ordered that he be stoned to death, and he was stoned to death at the Musalla (public gathering place).

 

Regardless of whether it is consensual or non-consensual, any sexual intercourse between a man and a woman who are not united in the bond of marriage is termed as ‘zina’ in Shariah terminology.

 

Shariah Law prescribes that if one is convicted for the crime of ‘zina’ (unlawful sexual intercourse) in a Shariah Court of Law, their punishment will be in accordance with their marital status; if married, they are to be stoned to death, and if unmarried they are to be flogged a hundred lashes.

 

If it is proven in court that the woman was raped, she is absolutely blameless, and the person who raped her would be accorded the due punishment for ‘zina’ according to his marital status. 

 

If it is proven in a Shariah Court of Law that the one who committed the heinous crime of rape (with an adult woman or a minor) also committed other crimes in addition to the evil of rape, like he abducted the victim, or used arms or ammunition to subdue the victim, or physically hurt or injured the victim, etc., then the prescribed punishments for those crimes will be added to the prescribed punishment of ‘zina’.

 

The above is only the prescribed punishment Shariah or Islamic Law allows the righteous society or Islamic State to exact retribution from the criminal in the life of this world.  If the person who committed this evil and heinous crime does not repent for their sins, the punishment in the Hereafter in the Presence of the Majestic Lord would be much more severe and much more lasting!  

 

Your Question: …..Also what is the punishment for those who watch pornography and masturbation etc. As i see many of my fellow Muslims brothers not seeing anything wrong in this.
Allah says in the Holy Quran Chapter 17 Surah Israa verse 32:

Do not even go near ‘zina’ (fornication or adultery) for it is a very indecent thing and a very evil way!

 

Sahih Al-Bukhari Hadith 8.260         Narrated by Ibn Abbas

I have not seen a thing resembling 'lamam' (minor sins) than what Abu Huraira narrated from the Prophet (saws) who said "Allah has written for the children of Adan their share of ‘zina’ which he commits inevitably. The ‘zina’ of the eyes is the sight (to gaze at a forbidden thing), the ‘zina’ of the tongue is the talk, and the inner self wishes and desires and the private parts testify all this or deny it."

 

Sunan of Abu-Dawood Hadith 4886  Narrated by Anas ibn Malik

That he heard the Messenger of Allah (saws) say: ‘The eye commits ‘zina’, and the palm of the hand, the foot, the body, the tongue and private part of the body confirm it or deny it.’

 

Allah Says in the Holy Quran Chapter 36 Surah Ya-Seen verse 65:

65      That Day shall We set a seal on their mouths.  But their hands will speak to Us and their feet bear witness to all that they did.

 

Allah Says in the Holy Quran Chapter 41 Surah Ha-Meem verses 19-23:

19      On the Day that the enemies of Allah will be gathered together to the Fire they will be marched in ranks.

20      At length when they reach the (Fire) their hearing, their sight, and their skins will bear witness against them as to (all) their deeds.

21      They will say to their skins: "Why bear ye witness against us?"  They (their skins) will say: "Allah hath given us speech, (He) Who giveth speech to everything: He created you for the first time and unto Him were ye to return.

22      "Ye did not seek to hide yourselves lest your hearing, your sight, and your skins should bear witness against you! But ye did think that Allah knew not many of the things that ye used to do!

23      "But this thought of yours which ye did entertain concerning your Lord hath brought you to destruction, and (now) have ye become of those utterly lost!"

 

Although in legal terminology ‘zina’ would constitute the actual penetration of the male organ into the female organ out of wedlock, the Messenger of Allah (saws) warned the believers regarding the minor ‘zina’ of the eyes, hands, legs, etc. Not only is the evil act of ‘zina’ prescribed as absolutely forbidden in Islam, every path or every way that leads one to this evil path is also declared as forbidden!  Such is the gravity of this abomination of ‘zina’, that Allah Subhanah commands the believers in the Quran: Do not even go near ‘zina’!!!

 

Thus if one intentionally sees and watches ‘fahisha’ (indecency), it would constitute ‘zina’ of the eyes; if one derives pleasure from talks of ‘fahisha’, it would constitute ‘zina’ of the ears and mouth, if one touches or goes towards something or someone with the intention of ‘fahisha’, it would constitute ‘zina’ of the hands and the legs!  Although there is no prescribed punishment for the ‘zina’ of the eyes, mouth, ears, hands and feet in the life of this world, if one dies without seeking ‘taubah’ and repentance from their Lord, he will be held severely accountable for the acts of ‘minor’ zina in the Presence of their Majestic Lord in the Hereafter.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan

 

 

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