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:
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  (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.
 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
|#  ||Title||Date||Reads |
|1||Laughing in Public||2014.08.04||2,528|
|2||Can a woman become a leader?||2013.05.18||1,444|
|3||Where should the wife stay when husband is away?||2012.12.26||5,790|
|4||Sex During Pregnancy||2014.09.04||9,179|
|5||Doubts about the Fasting of Women in Menstruation Periods||2012.08.16||3,559|
|7||Do women need permission to attend a course which is far away||2013.09.03||968|
|8||Punishment for Rape||2015.03.25||4,036|
|9||Doubts About The Fasting of Women During Menstruation Periods – The Word ‘Qada’||2012.08.20||2,128|
|10||Sexual rights of spouses||2013.06.01||7,567|
|12||Fasting of pregnant and nursing women||2015.04.01||3,213|
|13||Fasting and Prayer Of Women During Menstruation Periods||2011.08.05||20,613|
|14||Whose approval stands first in marriage?||2013.06.02||1,612|
|15||Ruling on Women’s Working||2013.10.28||1,492|
|16||Do we need to have a major ablution after gynecologic examination?||2013.01.23||1,635|
|18||Women’s Visit to Their Parents||2013.10.30||1,921|
|19||Is it lawful to choose a male doctor while there is a female doctor available?||2013.01.23||1,618|
|20||Breastfeeding without major ablution (ghusl)||2013.06.11||2,164|
|21||Women Working in Trousers||2013.11.04||2,278|
|22||Does a woman need to get a major ablution when she got examined by a male doctor?||2013.01.23||2,076|
|23||Circumambulation of a woman during her period||2013.08.29||2,838|
|24||Make-up, Nail Polish and Hair Dye||2013.11.11||4,676|
|25||Women Traveling Without a Mahram*||2009.09.02||6,134|
|26||Indifference of the husband||2013.06.14||2,163|
|27||Women swimming in public beaches||2013.12.04||2,703|
|28||The Women’s Right To Divorce-Iftida||2009.08.25||2,177|
|29||Can a bride be with her father-in-law with her hair uncovered?||2013.02.06||2,785|
|31||Swimming alone and uncovered||2013.12.20||1,625|
|32||Is Marriage Fard -Obligatory- In Islam?||2010.11.02||13,595|
|33||Can a woman be with her grandfather with her hair uncovered?||2013.02.06||1,318|
|34||Should women cook for their husbands?||2013.07.01||5,942|
|35||Veiling during nights||2013.12.27||4,000|
|36||Shaking hands with women||2011.09.19||2,623|
|37||Is it permitted to dance with the opposite sex for the purpose of personal development?||2013.03.10||2,022|
|38||Fasting of women during menstruation period||2013.07.24||1,960|
|39||Being uncovered in home||2014.01.13||3,819|
|40||What is the ruling on polygamy?||2012.12.31||2,313|
|41||What is the waiting period (iddah) for a woman who is divorced by her husband?||2013.03.19||1,922|
|42||Sexual intercourse during pregnancy||2013.08.23||19,563|
|43||The purpose of iddah||2014.01.29||2,553|
|45||Is it a sin for a man and a woman to be alone in the same house?||2013.03.31||2,562|
|46||Women Travelling Alone||2013.08.26||1,638|
|47||Women in prayers||2014.03.16||1,548|
|49||What is the meaning of “people that your right hands possess”?||2013.04.15||2,100|
|50||Working of women||2013.08.13||1,901|
|52||Subsistence Money of Women||2011.07.27||1,291|
|53||What is Mahr?||2013.05.08||1,891|
|54||Getting the period while fasting||2013.08.05||2,101|
|55||What is the minimum marriageable age of a little girl?||2016.04.20||5,742|
|56||Is it unlawful to touch women due to my job?||2011.09.17||1,718|
|57||Do men have a right to command to their wives?||2013.05.09||1,965|
|58||Talking to male relatives||2012.03.14||1,354|
|59||Touching and Reciting Qur’an Without Ablution or Ghusl||2016.03.30||5,470|