Is it permissible for the family of a girl who was raped at the age of five to demand financial compensation from the rapist, and what is the appropriate amount for this compensation?
The rapist must pay the equivalent dower (Mahr al-mithl) to the victim of rape. Some scholars are of the opinion that virginity compensation (arsh al-bakara) is also obligatory. The estimation of this is left to the judge. It is worth noting here that among the conditions for the obligation of the حد الزنا (hadd punishment for unlawful sexual intercourse) is that the vagina involved in the intercourse be naturally desirable. This excludes intercourse with a young girl who is not naturally desirable, which does not necessitate the hadd punishment according to some jurists, but the perpetrator is to be given a discretionary punishment (ta'zir) that the judge deems deterrent. As for the disobedient who are not subject to hadd or expiation, they are to be given a discretionary punishment as determined by the ruler.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 139536
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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