The Punishment for Rape in Islam and Comments on a Saudi Injustice Against an innocent Muslim Woman
This article is authored by Abul Layth with assistance of Ibn Anwar
The illegitimate Saudi regime and their cronies they label ‘Islamic judges’ have once more made fools of themselves, while contradicting the Shari’ah – not to mention make Islam & the Muslims look unjust by their illegitimate rulings. The BBC, as well as Al-Jazeera, is reporting a verdict released by the wahhabi “Islamic Courts wherein a Shi’i woman of 19 years of age (who is happily married) was gang-raped 14 times by some Saudi Sunni men. According to the report,
Seven men were found guilty of the rape and sentenced to prison terms ranging from just under a year to five years.
The woman was actually punished by the court for ‘free-mixing’ with men. What was her punishment? 200 lashes and six months in jail! Her Muslim lawyer, Br. Abdel Rahman al-Lahem told the BBC Arabic Service that the sentence was in violation of Islamic law:
“My client is the victim of this abhorrent crime. I believe her sentence contravenes the Islamic Sharia law and violates the pertinent international conventions,” he said. ((BBC story: http://news.bbc.co.uk/2/hi/middle_east/7098480.stm ))
Br. Abdel Rahman Al-Lahem, is without a doubt, correct in his claim. Within this article we shall defend the stance forwarded by him, that Rape is punishable by death and that this woman is innocent, as well as show the idiocy of these supposed “Islamic Judges” who have defied the Shari’ah and submitted to their disgusting whims.
Is Marital Rape Permitted in Islam ?
My wife, Umm Layth informed me of this thread on a blog named “Unique Muslimah” that touches on a rather sensitive topic: Is there a such thing as “Marital Rape” in the Shari’ah?
Firstly, we must ask the question; ‘What is rape’? Legal Definition: “any act of sexual intercourse that is forced upon a person. “ So, to reword the original question for clarification’s sake: “Can a husband physically force one’s wife to have sex with them?” Side note: Obviously this means while she is unwilling. I do not believe that the Shari’ah definition of rape is applicable to a husband’s forcing his wife to have intercourse with him. Generally, rape is defined as forced fornication, and marital relations, even if forced, can not be – legally – fornication. However, in the linguistic sense of the word, rape, if strictly defined as forced intercourse, is applicable to marriage. That is my take on using the titling, ‘Marital Rape’.
The very first legal maxim that occurs to me is: “There is no causing of harm, or reciprocation of it. This maxim is based upon the hadith of our beloved Sayyid Muhammad who said,
لا ضرر و لا ضرار
“There is not to be causing of harm, nor reciprocation of harm. ((Ibn Maajah and Maalik’s Muwatta’)) ”