Is there a saying in Islam that calls for retaliation against a rapist by inserting a stick into his anus and raping him with it, or does the Islamic religion disavow such actions?
Rape is the act of taking something unjustly and by force. It is now used to refer to sexual assault by force. There is no specific punishment for the rapist that requires him to be killed in the same manner in which he raped; no scholar has ever stated this punishment. The punishment for fornication is lashing or stoning, and the punishment for those who wage war against Allah and His Messenger is mentioned in the Quran as execution, crucifixion, amputation of limbs, or exile. As for the one who commits sodomy (liwati), his punishment is execution, and scholars have differed on how this is to be carried out.
Some scholars have mentioned a similar punishment in a specific case: if a person rapes a child and the child dies, then retaliation (qisas) must be carried out against the rapist. There are two opinions on how this retaliation should be implemented: 1. He is killed by the sword. This is the view of the four Imams, based on the Almighty's saying: "So whoever commits aggression against you, then aggress against him in the same manner that he aggressed against you," unless the method of killing is forbidden (such as through magic, sodomy, or intoxicants), in which case he is killed by the sword. 2. He is killed by the method mentioned (such as inserting a piece of wood into his anus). Some Shafi'is held this view, based on the principle of equivalence in retaliation. However, this opinion is an (independent juristic reasoning) and no explicit text for it has been reported in the Quran or , and the majority of scholars disagree with it. Nevertheless, this opinion is not entirely rejected, as it contains a judicial viewpoint that combines suffering and execution for the shame resulting from the act.
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Reviewed by El Fatwa's sharia committee.
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