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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1 Shaking hands with women 2011.09.19 3,151
2 Is it a sin for a man and a woman to be alone in the same house? 2013.03.31 3,101
3 Women Travelling Alone 2013.08.26 2,111
4 Women in prayers 2014.03.16 1,941
5 What is the ruling on polygamy? 2012.12.31 2,804
6 What is the meaning of “people that your right hands possess”? 2013.04.15 2,894
7 Working of women 2013.08.13 2,342
8 Having children 2014.04.25 4,730
9 Hair Dye 2011.12.30 16,371
10 What is Mahr? 2013.05.08 2,347
11 Getting the period while fasting 2013.08.05 2,420
12 What is the minimum marriageable age of a little girl? 2016.04.20 7,139
13 Wife Beating 2010.10.20 5,698
14 Do men have a right to command to their wives? 2013.05.09 2,483
15 Talking to male relatives 2012.03.14 1,747
16 Touching and Reciting Qur’an Without Ablution or Ghusl 2016.03.30 7,159
17 Subsistence Money of Women 2011.07.27 1,719
18 Can a woman become a leader? 2013.05.18 1,797
19 Where should the wife stay when husband is away? 2012.12.26 7,981
20 Sex During Pregnancy 2014.09.04 11,528
21 Is it unlawful to touch women due to my job? 2011.09.17 2,170
22 Joint Family 2013.05.30 4,559
23 Do women need permission to attend a course which is far away 2013.09.03 1,170
24 Punishment for Rape 2015.03.25 5,114
25 Laughing in Public 2014.08.04 3,274
26 Sexual rights of spouses 2013.06.01 9,639
27 Wife beating 2013.09.16 2,812
28 Fasting of pregnant and nursing women 2015.04.01 3,895
29 Fasting and Prayer Of Women During Menstruation Periods 2011.08.05 22,555
30 Whose approval stands first in marriage? 2013.06.02 2,015
31 Ruling on Women’s Working 2013.10.28 2,020
32 Eyebrow Plucking or Threading 2017.04.12 324
33 Do we need to have a major ablution after gynecologic examination? 2013.01.23 1,995
34 Visiting friends 2013.06.04 1,231
35 Women’s Visit to Their Parents 2013.10.30 2,410
36 Is it lawful to choose a male doctor while there is a female doctor available? 2013.01.23 1,977
37 Breastfeeding without major ablution (ghusl) 2013.06.11 2,806
38 Women Working in Trousers 2013.11.04 2,880
39 Does a woman need to get a major ablution when she got examined by a male doctor? 2013.01.23 2,617
40 Circumambulation of a woman during her period 2013.08.29 3,482
41 Make-up, Nail Polish and Hair Dye 2013.11.11 5,800
42 Women Traveling Without a Mahram* 2009.09.02 7,618
43 Indifference of the husband 2013.06.14 2,653
44 Women swimming in public beaches 2013.12.04 3,241
45 Can a bride be with her father-in-law with her hair uncovered? 2013.02.06 3,446
46 Dowry 2013.06.15 1,895
47 Swimming alone and uncovered 2013.12.20 2,080
48 Can a woman be with her grandfather with her hair uncovered? 2013.02.06 1,680
49 Should women cook for their husbands? 2013.07.01 8,163
50 Veiling during nights 2013.12.27 5,171
51 The Women’s Right To Divorce-Iftida 2009.08.25 2,570
52 Is it permitted to dance with the opposite sex for the purpose of personal development? 2013.03.10 2,573
53 Fasting of women during menstruation period 2013.07.24 2,201
54 Being uncovered in home 2014.01.13 4,697
55 Is Marriage Fard -Obligatory- In Islam? 2010.11.02 16,400
56 What is the waiting period (iddah) for a woman who is divorced by her husband? 2013.03.19 2,623
57 Sexual intercourse during pregnancy 2013.08.23 25,146
58 The purpose of iddah 2014.01.29 3,316