Punishment for Rape
What should be the punishment for ‘rape’ according to Qur’an?

Qur’an determines principles and measures to formulate the punishments for crimes; and then introduces exemplary solutions.
Crimes are categorized according to their qualities: towards person, towards society, towards God. 
Punishments are also categorized being worldly and ethereal, so are the verses related to these categories.

Let us see the particular principle that Allah introduces for criminal law:

“Whoever commits a misdeed shall not be requited except with its equivalent (misl); but whoever acts righteously, whether male or female, while he is faithful—such shall enter the Garden, and they will be provided for therein without account.” (Al-Mu’min/The Believer 40:40)

“The recompense of an evil deed is an equivalent punishment appropriate for it. Whoever forgives and makes reconciliation, his reward is given by Allah. Indeed, He does not like the wrongdoers.” (Ash-Shura/The Consultation 42:40)

According to our researches performed in the light of Qur’an, two types of sanctions must be imposed on the rapist. First of them is compensations, and the second one is punishment.

The rightful due of Allah that arises by the crime is between the criminal and Allah. If the criminal repents and corrects himself, then he is relieved from the burden of ethereal punishment. Since the punishment of his crime is considered in public-order crimes, the criminal cannot escape the punishment by any means, after conviction. The compensations can be forgiven by the aggrieved party since they are considered as sanctions of personal crimes:

1. COMPENSATIONS

Compensations may vary by the situation of the aggrieved party. One or more of the following may be approved at a time:

a. Criminal Fine (Blood Money/Diyat): The compensation to be paid in return of the injuries that have occurred due to rape is determined based on blood money in full.

b. Equivalent Marriage Gift [1] (Mehr al-Misl): Basing on the probabilities that the aggrieved party’s marriage may end, or she may never marry, or she may have to marry a spouse who is not her equivalent; the perpetrator is fined to pay for the marriage gift of an equivalent girl/woman to the aggrieved one.

For example, a virgin girl may lose the chance to marry an equivalent man she deserves or may have to marry a widowed man after being raped. Similarly, a married woman may face the probability of being divorced by her husband. Therefore, the perpetrator is imposed an ‘equivalent marriage gift’ penalty.

c. Hukumat al-Adl: The compensation to be paid in case that the aggrieved party loses the economical benefits she owns. Its amount is determined and decided by the experts in a proper method. As an example, the perpetrator is made to pay such a compensation when the aggrieved party loses her job, or her environment, or her prestige.

2. SURGICAL CASTRATION PUNISHMENT

Since the perpetrator has forcibly harmed an organ, which is legally and ethically forbidden to be touched,  he deserves his organs being harmed. The damage caused by the perpetrator will influence the aggrieved party till the end of her life. Due to this characteristic of the crime, the punishment on the perpetrator must also be permanent. The only punishment with this characteristic is surgical castration. Therefore, punishment for rape is surgical castration.

Regarding the objections that claim; “permanent damage is done in return of a one time damage”:  that one time damage influences the aggrieved party till the end of her life so, its consequences are permanent. The same principle applies to theft; and the thief has to live without a hand until the end of his life.

And regarding the other objections that the punishment is severe: severity of the punishment sources from severity of the crime. Punishment for ordinary theft is amputation of one hand only; but in case of theft by fraud, one foot is amputated in addition to one hand (See Qur’an 5:33). Severity of the punishment increases by severity of the crime.

[1] Translator’s Note: The word we translate as ‘marriage gift’ is ‘mehr’. Mehr is money or properties given to the bride, and NOT to any of her relatives, by the groom upon marriage. Details about mehr may be found on the following link: http://www.islamandquran.org/fatwas/mehr.html

The article on this issue will be published online after being published in a peer-review journal.

Dr. Adem YILDIRIM

 

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Date: Mar 25, 2015
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2 Is it a sin for a man and a woman to be alone in the same house? 2013.03.31 3,738
3 Women Travelling Alone 2013.08.26 2,730
4 Women in prayers 2014.03.16 2,357
5 Shaking hands with women 2011.09.19 3,916
6 What is the meaning of “people that your right hands possess”? 2013.04.15 3,777
7 Working of women 2017.07.05 3,110
8 Having children 2014.04.25 5,787
9 What is the ruling on polygamy? 2012.12.31 3,449
10 What is Mahr? 2013.05.08 2,869
11 Getting the period while fasting 2013.08.05 4,133
12 What is the minimum marriageable age of a little girl? 2016.04.20 8,839
13 Hair Dye 2011.12.30 20,372
14 Do men have a right to command to their wives? 2013.05.09 3,329
15 Talking to male relatives 2012.03.14 2,181
16 Touching and Reciting Qur’an Without Ablution or Ghusl 2016.03.30 8,950
17 Wife Beating 2010.10.20 6,622
18 Can a woman become a leader? 2013.05.18 2,262
19 Where should the wife stay when husband is away? 2012.12.26 10,447
20 Sex During Pregnancy 2014.09.04 13,753
21 Subsistence Money of Women 2011.07.27 2,132
22 Joint Family 2013.05.30 5,931
23 Do women need permission to attend a course which is far away 2013.09.03 1,514
24 Punishment for Rape 2015.03.25 6,202
25 Is it unlawful to touch women due to my job? 2011.09.17 2,689
26 Sexual rights of spouses 2013.06.01 12,152
27 Wife beating 2013.09.16 3,334
28 Fasting of pregnant and nursing women 2015.04.01 6,285
29 Laughing in Public 2014.08.04 3,892
30 Whose approval stands first in marriage? 2013.06.02 2,634
31 Ruling on Women’s Working 2013.10.28 2,677
32 Eyebrow Plucking or Threading 2017.04.12 1,783
33 Do we need to have a major ablution after gynecologic examination? 2013.01.23 2,520
34 Visiting friends 2013.06.04 1,541
35 Women’s Visit to Their Parents 2013.10.30 3,109
36 Are Muslim Women Allowed to Go to Space? 2017.05.29 831
37 Is it lawful to choose a male doctor while there is a female doctor available? 2013.01.23 2,434
38 Breastfeeding without major ablution (ghusl) 2013.06.11 3,375
39 Women Working in Trousers 2013.11.04 3,517
40 Does a woman need to get a major ablution when she got examined by a male doctor? 2013.01.23 3,222
41 Circumambulation of a woman during her period 2013.08.29 4,197
42 Make-up, Nail Polish and Hair Dye 2013.11.11 7,376
43 Women Traveling Without a Mahram* 2009.09.02 8,997
44 Indifference of the husband 2013.06.14 3,376
45 Women swimming in public beaches 2013.12.04 3,897
46 Can a bride be with her father-in-law with her hair uncovered? 2013.02.06 4,262
47 Dowry 2013.06.15 2,288
48 Swimming alone and uncovered 2013.12.20 2,632
49 Can a woman be with her grandfather with her hair uncovered? 2013.02.06 2,012
50 Should women cook for their husbands? 2013.07.01 11,512
51 Veiling during nights 2013.12.27 6,223
52 Is it permitted to dance with the opposite sex for the purpose of personal development? 2013.03.10 3,329
53 Fasting of women during menstruation periods 2017.04.25 4,158
54 Being uncovered in home 2014.01.13 5,539
55 The Women’s Right To Divorce-Iftida 2009.08.25 3,126
56 What is the waiting period (iddah) for a woman who is divorced by her husband? 2013.03.19 3,496
57 Sexual intercourse during pregnancy 2013.08.23 30,984
58 The purpose of iddah 2014.01.29 3,981