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The punishment of rape in Qur'an

Union

Well-Known Member
Rape is such a crime which comprises of several crimes together. The rapists use Violence , oppression, torture (mentally and physically) , forcing etc. to gain sexual assault against the will of the victim . The word rape originates from the Latin verb rapere: to seize or take by force. There are varieties types of rapes such as male-male rapes , male-female rapes , female-male rapes , female-female rapes , digital penetration rape (not by sexual organ ) etc . The rape of women by men is by far the most frequent form of the assault, with an estimated 91% of rape victims being female and 9% being male while 99% of offenders are male [http://www2.ucsc.edu/rape-prevention/statistics.html] . Some places, such as the state of Michigan, USA, do not use the term "rape" at all in criminal codes. MI uses the term "criminal sexual conduct" for acts which colloquially would be referred to as "rape" or "sexual assault"[http://www.msu.edu/~sdclub/resources/criminal%20code.doc]


Anyway, Qur’an is revealed from GOD (swt) , consisted of some 6326 verses . But within these thousands verses the Qur’an covered almost all important aspects of life . All the necessary laws are found in Qur’an directly, indirectly, allegorically and literally.

Now lets see the punishment of rape in Qur’an . First of all we need to look at the verse 33 of Sura Al-Nur (chapter 24 ) . ALLAH , the most Cognizant says :

[24:33] Those who cannot afford to get married shall maintain morality until GOD provides for them from His grace. Those among your servants who wish to be freed in order to marry, you shall grant them their wish, once you realize that they are honest. And give them from GOD's money that He has bestowed upon you. You shall not FORCE your girls/maid/daughter to commit ‘BIGA’ (الْبِغَاء), seeking the materials of this world, IF THEY WISH TO BE CHASTE. If ANYONE FORCES THEM, then GOD, seeing that they are forced, is Forgiver, Merciful.

The key Arabic word which need to ponder here is ‘Biga’ . Most of the translators translated this word as ‘prostitution ‘. But when you look at the root of this word and the representation of the verse , it predicts that the word Biga means to oppress unjustly , commit outrage , to assault , to have sex violently , commit to fornicate etc . [HANS WEHR DICTIONARY , PP 68 ; ON-LINE ARABIC DICT. Geocities has shut down]

Other two important things of the verse is ‘to force’ the ‘biga’ ‘against their will’ which are main symptom of a case which can be defined as rape. Hence broadly this verse is accusing strongly the crime of sexual assault i.e., rape and declared a generous forgiveness and mercy to the victim because of their innocence .

Now the question is what should be the punishment of rape ? Is Qur’an able to handle the Question ? The answer is hidden in ALLAH’s , the Majetic question :

[47:24] Why do they not study the Quran carefully? Do they have locks on their minds?

Yes , just a careful study of Qur’an can establish the punishment of rape with ease . No doubt rape is a horrendous crime and inexcusable transgression reviled to each and every community and sect . In Arabic this crime can be categorized under the Quranic words like Julum (ظُلْم) or Fasad (إفْسادُ) or Fitna (فَتَن) . All words are concentrating the same understanding with the expression of different wordings as crime ,mischief , demoralization , oppression , persecution, maltreatment , assault etc.

ALLAH , the Exalted says is Qur’an :

[2:191,217] ….. Fitna (فَتَن) is worse than murder……

Hence if any person spreads Fitna in the earth and causes sufferings for the innocent people , his punishment would be harsher than that of the murder . Regarding the punishment of murder ALLAH , the Majestic says :

[2:178] O you who believe, Al-Qisas (the Law of equality) isdecreed for you when dealing with murder - the free for the free, the slave for the slave, the female for the female. If one is pardoned by the victim's kin, an appreciative response is in order, and an equitable compensation shall be paid. This is alleviation from your Lord and mercy. Anyone who transgresses beyond this incurs a painful retribution.

[5:45] And we decreed for them in it that: THE LIFE FOR THE LIFE, the eye for the eye, the nose for the nose, the ear for the ear, the tooth for the tooth, and an equivalent injury for any injury. If one forfeits what is due to him as a charity, it will atone for his sins. Those who do not rule in accordance with GOD's revelations are the unjust.


ALLAH , the Praised determined equal treatment for the murderer i.e., to punish the murderer by slaying him . But ALLAH , the Praised also kept the way open of mercy and forgiveness in exchange of compensation as demanded by the kin of the victim . Anyway the point we want to establish here is as ALLAH , the Cognizant defined Fitna is worse than the murder , hence according to laws of verse 2:178 and 5:45 , the punishment of the Fitna will be the extreme one i.e., to kill the doer of Fitna . And as rape is one of the horrendous Fitna , the punishment of slaying of criminal is quite justifiable . Another verse from the Holly page of Qur’an also confirms the above opinion :

[5:33] The punishment of those who wage war against God and His Apostle, and strive with might and main for Fasada (فَسَادًا) through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter;

As rape is the higest degree of Fasada or Fitna , the perpetrator must be executed .

One may argue that those verses mentioned above to determine the punishment of rape are related with the war and hence out of context. With amicable loom we need to answer those questioner that rape is really a great Fitna and Fasad of war . From the very ancient time till today the warriors have been using this Fasad/Fitna as the warfare. During war, rape is often used as means of psychological warfare in order to humiliate the enemy and undermine their morale. Rapes in war are often systematic and thorough, and military leaders may actually encourage their soldiers to rape civilians. Likewise, systematic rapes are often employed as a form of ethnic cleansing. For example lets start first from the Bible :


01. "Every one that is found shall be thrust through; and every one that is joined unto them shall fall by the sword. THEIR CHILDREN ALSO SHALL BE DASHED TO PIECES BEFORE THEIR EYES; their houses shall be spoiled, AND THEIR WIVES RAPED ." (Isaiah 13:15-16)

Here God of Bible inspired His people to have massacre against the people of Babylon and instructed to rape their women to humiliate the enemies .

02. "This said the LORD, Behold, I will raise up evil against thee out of thine own house, and I will take thy wives before thine eyes, and give them unto thy neighbor, and he shall lie with thy wives in the sight of this sun." (II Samuel 12:11)


In the above statement the anger of Bible’s God is described against David for his sins . God used the raping of David’s wives in public as one of the cruel instrument to teach David a lesson .

03.

1 ¶ Behold, the day of the LORD comes, and your spoil shall be divided in your midst.
2 For I will gather all nations to battle against Jerusalem; and the city shall be taken, and the houses plundered, and the women raped. And half of the city shall go into exile, and the rest of the people shall not be cut off from the city. (Zechariah 14)


04.
1 ¶ Remember, O LORD, what has been to us; look down and see our shame.
2 Our inheritance has turned to aliens, our houses to foreigners.
3 We are orphans and fatherless; our mothers are as widows.
4 We have drunk our water for silver; our wood comes for a price.
5 We are pursued on our necks; we grow weary; rest is not given to us.
6 We have given the hand to Egypt, to Assyria, to be satisfied with bread.
7 Our fathers have sinned and are not; we have borne their iniquities.
8 Servants rule over us; there is no rescuer out of their hand.
9 We bring in our bread with our souls, because of the sword of the wilderness.
10 Our skin is hot like an oven because of the fever heat of famine.
11 They raped the women in Zion, virgins in the cities of Judah.
12 Rulers were hanged by the hand; the faces of elders were not honored. (Lamentations 5)

Example 03 and 04 are showing how rape as the course of warfare was used in antiquity .

Now lets have some few recent examples of this Fasad of Fitna as the instrument of warfare :


01. At least 20,000 Bosnian Muslim women were raped by Serb forces during the Bosnian War. [Bosnian kids born of war rape asking questions - World news - Europe | NBC News

02. Additionally, in China during World War II, the Nanking Massacre occurred, where rape was used as a tool to humiliate the civilians under Japanese oppression. As many as 80,000 women were raped by the Japanese soldiers during the six weeks of the Nanking Massacre.

[http://www.cnn.com/WORLD/9712/13/remembering.nanjing/]

03. At the end of World War II, Red Army soldiers are estimated to have raped around 2,000,000 German women and girls['They raped every German female from eight to 80' | Books | The Guardian & News - Latest breaking UK news - Telegraph


ALLAH , the Almighty strongly condemns this brutal act , in time of war or outside of war . HE prescribed a sever punishment for the rapist by imposing execution . Moreover the Qur’an explicitly discussed about the treatment of enemy women during the period of war in the following verses :

[60:10] O you who believe, when believing women (abandon the enemy and) ask for asylum with you, you shall test them. GOD is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid. You commit no error by marrying them, so long as you pay them their due dowries. Do not keep disbelieving wives (if they wish to join the enemy). You may ask them for the dowry you had paid, and they may ask for what they paid. This is GOD's rule; He rules among you. GOD is Omniscient, Most Wise.

[60:11] If any of your wives join the enemies' camp, and you are forced to fight, you shall force the enemy to compensate the men who lost their wives, by giving them what they spent on their wives. You shall reverence GOD, in whom you believe.

[60:12] O you prophet, when the believing women (who abandoned the disbelievers) to seek asylum with you pledge to you that they will not set up any idols besides GOD, nor steal, nor commit adultery, nor kill their children, nor fabricate any falsehood, nor disobey your righteous orders, you shall accept their pledge, and pray to GOD to forgive them. GOD is Forgiver, Most Merciful.

In fact ALLAH , the Merciful commanded to behave kindly and softly to the captives of the war irrespective of men or women . ALLAH , the Exalted’s beautiful commands in this regards :

08:70 : “O you prophet, tell the prisoners of war in your hands, "If GOD knew of anything good in your hearts, He would have given you better than anything you have lost, and would have forgiven you. GOD is Forgiver, Most Merciful."

47 :4 :” So when you meet in battle those who disbelieve, then smite the necks until when you have overcome them, then make (them) prisoners, and afterwards either set them free as a favor or let them ransom (themselves) until the war terminates. “

76:8 : “ They (righteous) donate their favorite food to the poor, the orphan, and the captives.”

Causes of Rapes and Quranic safeguards:

In this section we will analysis the causes of rapes and we will also observe what Qur’an says about those issues . We will cite the major causes for the occurrences of rape crime in the following :

01.” Alcohol and/or other drug uses is frequently involved in rape. In 47% of rapes, both the victim and the perpetrator had been drinking. In 17%, only the perpetrator had been. 7% of the time, only the victim had been drinking. Rapes where neither the victim nor the perpetrator had been drinking were 29% of all rapes” [Abbey, A., BeShears, R., Clinton-Sherrod, A. M., & McAuslan, P. (2004). Psychology of Women Quarterly, 28, 323-332 , [http://www.hawaii.edu/hivandaids/Si...xual_Assault_Experiences_Based_On_Tactics.pdf. Accessed 10 December 2007.]

Quranic Safeguard:

[5:90] O you who believe, intoxicants, and gambling, and the altars of idols, and the games of chance are abominations of the devil; you shall avoid them, that you may succeed.

[5:91] The devil wants to provoke animosity and hatred among you through intoxicants and gambling, and to distract you from remembering GOD, and from observing the Contact Prayers (Salat). Will you then refrain?

02. Aggressive desire , sexual longing and lust are some of the generative cause of this crime . [DiCanio, Margaret. (1993). The encyclopedia of violence: origins, attitudes, consequences. New York: Facts on File, http://findarticles.com/p/articles/mi_m1571/is_n36_v10/ai_15794136, http://www.newadvent.org/cathen/09438a.htmAA]

Quranic Safeguard :

[7:33] Say, "My Lord prohibits only evil deeds, be they obvious or hidden, and sins, and unjustifiable aggression, and to set up beside GOD powerless idols, and to say about GOD what you do not know."

[24:30] Tell the believing men that they shall SUBDUE their eyes (and not stare at the women), and to maintain their chastity. This is purer for them. GOD is fully Cognizant of everything they do.

[24:31] And tell the believing women to SUBDUE their eyes, and maintain their chastity. ……..

[5:5] …….. You shall maintain CHASTITY, not committing adultery, nor taking secret lovers. Anyone who rejects faith, all his work will be in vain, and in the Hereafter he will be with the losers.

03. In the context of rape, this concept refers to the Just World Theory and popular attitudes that certain victim behaviours (such as flirting, or wearing sexually-provocative clothing) may encourage rape .[ Pauwels, B. (2002). "Blaming the victim of rape: The culpable control model perspective." Dissertation Abstracts International: Section B: The Sciences and Engineering, 63(5-B).]

Warren Farrell took issue with the feminist idea that rape has nothing to do with sex by noting that (male-female) rape statistics show young and sexually attractive females are raped far more often than older, less sexually attractive females.

Quranic Safeguard :

[24:31] And tell the believing women to subdue their eyes, and maintain their chastity. They shall not reveal any parts of their bodies, except that which is necessary. They shall cover their chests, and shall not relax this code in the presence of other than their husbands, their fathers, the fathers of their husbands, their sons, the sons of their husbands, their brothers, the sons of their brothers, the sons of their sisters, other women, the male servants or employees whose sexual drive has been nullified, or the children who have not reached puberty. They shall not strike their feet when they walk in order to shake and reveal certain details of their bodies. All of you shall repent to GOD, O you believers, that you may succeed.

[33:59] O prophet, tell your wives, your daughters, and the wives of the believers that they shall lengthen their garments. Thus, they will be recognized (as righteous women) and avoid being insulted. GOD is Forgiver, Most Merciful.


[24:60] The elderly women who do not expect to get married commit nothing wrong by relaxing their dress code, provided they do not reveal too much of their bodies. To maintain modesty is better for them. GOD is Hearer, Knower.

04. Though people tend to assume otherwise, rape by a stranger is by far the least common form of rape.

Rape by perpetrator :

Steady dating partner -21.6%

Casual friend -16.5%

Ex-boyfriend-12.2%

Acquaintance-10.8%

Close friend-10.1%

Casual date-10.1%

Husband-7.2%

Stranger-2%


Over two thirds of all rapes occur in someone's home. 30.9% occur in the perpetrators' homes, 26.6% in the victims' homes and 10.1% in homes shared by the victim and perpetrator. 7.2% occur at parties, 7.2% in vehicles, 3.6% outdoors and 2.2% in bars.
[http://www.hawaii.edu/hivandaids/Si...ual_Assault_Experiences_Based_On_Tactics.pdf]


Quranic Safeguard :

[2:235] You commit no sin by announcing your engagement to the women, or keeping it secret. GOD knows that you will think about them. Do not meet them secretly, unless you have something righteous to discuss. Do not consummate the marriage until their interim is fulfilled. You should know that GOD knows your innermost thoughts, and observe Him. You should know that GOD is Forgiver, Clement.

[24:27] O you who believe, do not enter homes other than yours without permission from their inhabitants, and without greeting them. This is better for you, that you may take heed.

[33:33] You shall settle down in your homes, and do not mingle with the people excessively, like you used to do in the old days of ignorance. …..

[24:61] ….When you enter any home, you shall greet each other a greeting from GOD that is blessed and good. GOD thus explains the revelations for you, that you may understand.

[24:33] Those who cannot afford to get married shall maintain morality until GOD provides for them from His grace. …..
 

Union

Well-Known Member
If I am the victim of rape I would like to punish the rapist a punishment of 100 deaths.

If my mother/sister/wife/daughter/brother etc. are the victim of rape I would like to punish the rapist a punishment of 50 deaths .

If somebody else gets raped , I would may not care at all .

But Almighty GOD has a balance system to impose , so HE did it . It is not harsh , it is balanced .
 
[24:33] Those who cannot afford to get married shall maintain morality until GOD provides for them from His grace. Those among your servants who wish to be freed in order to marry, you shall grant them their wish, once you realize that they are honest. And give them from GOD's money that He has bestowed upon you. You shall not FORCE your girls/maid/daughter to commit ‘BIGA’ (الْبِغَاء), seeking the materials of this world, IF THEY WISH TO BE CHASTE. If ANYONE FORCES THEM, then GOD, seeing that they are forced, is Forgiver, Merciful..

I'll just add this verse which i think is also talks about rape.


(And what is [the matter] with you that you fight not in the cause of Allah and [for] the oppressed among men, women, and children who say, "Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper?") Surat An-Nisā'. Verse 75.

the word oppressive means something.
 
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