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Rape and the Problem of Victim Blaming [A Thread 
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This will be a balanced(inshāAllāh) view on:
1) Rape in Islamic law
2) Who should be blamed for rape cases
3) Punishments in Islām
4) Precautions
5) Addressing those who deny precautions
Bismillāh.
]This will be a balanced(inshāAllāh) view on:
1) Rape in Islamic law
2) Who should be blamed for rape cases
3) Punishments in Islām
4) Precautions
5) Addressing those who deny precautions
Bismillāh.
1) Some scholars have the opinion that rape and zinā are two completely different things since rape does not match the classical definition of zinā.
Some scholars have classified rape as a subset zinā (but with
Some scholars have classified rape as a subset zinā (but with
different conditions to persecute the criminal—contrary to popular misconception, a rape victim does not need 4 witnesses).
Rape is sometimes termed ightisāb, but it is not an accurate definition for rape since according to Hans Wehr, ightisāb simply refers to “force”.
Rape is sometimes termed ightisāb, but it is not an accurate definition for rape since according to Hans Wehr, ightisāb simply refers to “force”.
As such, ightisāb is also used for any type of coercive action, whether taking wealth by force, robbery, etc.
In Islamic law, the proper term used for rape is “zinā bil-ikrāh” or “zinā bil-jabr”.
The definition used for zinā generally is “sexual intercourse with a woman
In Islamic law, the proper term used for rape is “zinā bil-ikrāh” or “zinā bil-jabr”.
The definition used for zinā generally is “sexual intercourse with a woman
of sane intellect and is bāligh that is not lawfully his with the consent of both parties”.
Therefore, scholars have derived the definition of rape based on what zinā is and based on the understanding of the hadīth:
Therefore, scholars have derived the definition of rape based on what zinā is and based on the understanding of the hadīth:
“Allāh will forgive from my ummah something that is done by mistake, forgetfulness or is forced onto him”
[ibn Mājah: 2033]
And this is strengthened by a similar hadīth in ibn Mājah: 2035.
As such, it is understood that rape is unlawful sexual intercourse, like zina, but
[ibn Mājah: 2033]
And this is strengthened by a similar hadīth in ibn Mājah: 2035.
As such, it is understood that rape is unlawful sexual intercourse, like zina, but
that one party does not consent to it.
2) It’s absurd that something as obvious as this needs to be said, but the only blame in the case of rape is 100% on the rapist. The victims cannot be blamed on it.
Among the qawā’id al-fiqhiyya (legal maxims), there exists one that says:
2) It’s absurd that something as obvious as this needs to be said, but the only blame in the case of rape is 100% on the rapist. The victims cannot be blamed on it.
Among the qawā’id al-fiqhiyya (legal maxims), there exists one that says:
إذا اجتمع المباشر والمتسبب يضاف الحكم إلى المباشر
“If the doer and the cause meets together, the hukm(ruling) is in relation to the doer!
For example, if someone leaves the door wide open and a thief enters and steals their possessions, the blame is placed on the thief, even
“If the doer and the cause meets together, the hukm(ruling) is in relation to the doer!
For example, if someone leaves the door wide open and a thief enters and steals their possessions, the blame is placed on the thief, even
and not on the person who left the door open even though they are the cause.
In the same way, however scantily dressed a woman is and however tempting she is, the blame is on the rapist and not on the victim.
The question of advising the victim is a different issue altogether.
In the same way, however scantily dressed a woman is and however tempting she is, the blame is on the rapist and not on the victim.
The question of advising the victim is a different issue altogether.
For the qā’ida above, refer to Dr. Abd al-Karīm Zaidān’s al-Wajīz fī Sharh al-Qawā’id al-Fiqhiyya fī al-Sharī’a al-Islamiyya (68th chapter).
3) This understanding is translated into Islamic law (hudūd) as well, where no punishment is given to the victim (debunking Islamophobes).
3) This understanding is translated into Islamic law (hudūd) as well, where no punishment is given to the victim (debunking Islamophobes).
ibn Qudāma in al-Mughnī said that “a woman who is forced to engage in sexual intercourse is not given the hadd punishment, and this is agreed upon by the majority of scholars”
ibn Qudāma relates from the time of Caliph ‘Umar r.a. where a woman was tried for zinā but she claimed
ibn Qudāma relates from the time of Caliph ‘Umar r.a. where a woman was tried for zinā but she claimed
that she was asleep and was unconscious that a man was raping her. So ‘Umar r.a. did not carry out any punishments on her.
For the rapist, ibn al-‘Arabī (the faqīh) in Ahkām al-Qur’ān opined that he should be punished under hirābah(unlawful warfare).
For the rapist, ibn al-‘Arabī (the faqīh) in Ahkām al-Qur’ān opined that he should be punished under hirābah(unlawful warfare).
ibn Hazm in al-Muhalla holds the same view by saying that the muhārib are those who cause disharmony by killing many people, forcefully taking people’s possession or raping.
ibn Rushd in Bidāya al-Mujtahid mentions that this is also the opinon of the Shāfi’ī and Mālikī madhhab.
ibn Rushd in Bidāya al-Mujtahid mentions that this is also the opinon of the Shāfi’ī and Mālikī madhhab.
Therefore, we all know that the punishment for hirābah is mentioned in the Qur’an which is execution, crucifying, cutting off the hands and feet on opposite sides, or exile from the land. (Refer to al-Mā’ida: 33).
4) However, Islām is a comprehensive system which doesn’t just address legal rulings but gives daily advices for both men and women to take precautions.
Among them are the precautions to:
i) lower your gaze
“Oh prophet! Tell the believing men to lower their gaze and guard
Among them are the precautions to:
i) lower your gaze
“Oh prophet! Tell the believing men to lower their gaze and guard
their chastity. That is purer for them”
—al-Nūr: 30
ibn ‘Abbās reported: al-Fadl was riding with the Messenger of Allah, peace and blessings be upon him, and a woman from Khash’am came. al-Fadl began to stare at her and she stared at him. The Prophet made Al-Fadl turn his face
—al-Nūr: 30
ibn ‘Abbās reported: al-Fadl was riding with the Messenger of Allah, peace and blessings be upon him, and a woman from Khash’am came. al-Fadl began to stare at her and she stared at him. The Prophet made Al-Fadl turn his face
in the other direction.
[al-Bukhārī: 1442]
ii) dress modestly
“O Prophet! Ask your wives, daughters, and believing women to draw their cloaks over their bodies.”
—al-Ahzāb: 59
“There are two types of people who will be punished in Hell and whom I have not seen: men having whips
[al-Bukhārī: 1442]
ii) dress modestly
“O Prophet! Ask your wives, daughters, and believing women to draw their cloaks over their bodies.”
—al-Ahzāb: 59
“There are two types of people who will be punished in Hell and whom I have not seen: men having whips
like the tails of cows and they will be beating people with them, and, women who will be dressed but appear to be naked, inviting to evil; and they themselves will be inclined to it.”
[Muslim: 1663]
iii) Nurture hayā’ (roughly translated as modesty)
“And hayā’ is part of faith”
[Muslim: 1663]
iii) Nurture hayā’ (roughly translated as modesty)
“And hayā’ is part of faith”
[al-Bukhārī: 9]
iv) Avoid intoxicants
“97,000 students between the ages of 18 and 24 report experiencing alcohol-related sexual assault or date rape”
— https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/alcohol-facts-and-statistics
Avoid free mixing, avoid situations that put you in a vulnerable position, avoid situations that can
iv) Avoid intoxicants
“97,000 students between the ages of 18 and 24 report experiencing alcohol-related sexual assault or date rape”
— https://www.niaaa.nih.gov/publications/brochures-and-fact-sheets/alcohol-facts-and-statistics
Avoid free mixing, avoid situations that put you in a vulnerable position, avoid situations that can
cause fitna(to avoid qazaf), etc.
5) There are some individuals who choose to ignore all these precautions despite Islam and statistics proving why it must be followed.
However, for these people if they become victims, as we have established above, they *cannot* be blamed.
5) There are some individuals who choose to ignore all these precautions despite Islam and statistics proving why it must be followed.
However, for these people if they become victims, as we have established above, they *cannot* be blamed.
The *only* thing we can blame them for is for them not following the teachings of Islam, for being careless and reckless, etc but *not* for being raped.
As ‘Umar r.a. said: “We only judge now what is manifested outwardly of your deeds. Whoever shows us good, we will trust him
As ‘Umar r.a. said: “We only judge now what is manifested outwardly of your deeds. Whoever shows us good, we will trust him
and bring him close. It is not for us to judge anything of his inner secrets; Allah will hold him accountable for his inner secrets.” [al-Bukhārī: 2498]
We can only judge reckless victims based on what they apparently do, which is to not taking precautions.
We can only judge reckless victims based on what they apparently do, which is to not taking precautions.
Our judgement and blame stops there. As for being victims of rape, since it is apparent that they are unwilling, they cannot and must not be blamed for that. That is beyond our bounds of judgement of what is apparent.
Wallāhu a’lam.
Wallāhu a’lam.
