Q&A (Fatwa)

#1156: The Ruling on the One who Rapes

السلام عليكم، و رحمة الله، و بركاته

Please, what is the punishment for a rapist in the light of the Sharee’ah?

جزاكم الله خيرا. امين.


Wa Alaykum Salam Warahmatullah Wabarakaatuh.

Alhamdulillah, as for rape in Islam, then know that the one who commits rape in the Shar’iah is guilty of two things.

1. Zinaa, there is no doubt about this for Zinaa is the penetration of a private organ of another organ without the ‘Aqd of Nikaah. The punishment for it is 100 strokes for the single and stoning to death for the married.

2. Qat’u At-Tariq (Highway robbery or banditry) this is if he kidnaps her or uses the force of arms to suppress her. The punishment of this is spelt out in the book of Allah. It is death by killing or by crucifixion, or amputation of the hand and the leg from opposite sides or banishment from the land.

The Qaadi pronounces the judgment on the one upon whom two trusted witnesses have testified depending on the severity of his involvement and damage caused.

Whether the one who kidnaps for the purpose of raping succeds in his rape or not, the punishment of kidnapping and banditry applies.

And Allah knows best.

Barakallahu fikum
Jazakumullahu Khayran.

Abū Āsim

28th Rabīu’th Thāni, 1443AH.

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