Back to search
The question

Why isn't the punishment for a rapist sufficient, and what is the evidence from the authentic Sunnah regarding the Prophet's (PBUH) ruling on the rapist?

Share this answer

Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the rape involves coercing a male into sodomy, the punishment for the coercer is execution. There is no distinction whether the sodomized individual was willing or unwilling; the perpetrator's punishment is stoning unconditionally, regardless of whether the sodomized individual was an adult or a minor, willing or unwilling.

If it involves coercing a female into adultery (zina), the punishment for a married rapist is stoning to death. For an unmarried rapist, it is one hundred lashes and exile for one year, in addition to the customary dowry (mahr al-mithl) for the woman. As for coercion to acts of sexual pleasure short of intercourse, there is no prescribed Shar'i (Islamic legal) punishment (hadd), but rather a discretionary punishment (ta'zir) determined by the judge to be a deterrent.

The Prophet, peace be upon him, ruled with stoning for one who coerced a woman into adultery, and Allah granted her forgiveness. Abd al-Malik ibn Marwan ruled that the coerced woman should receive her dowry. If the crime is committed with brazenness and defiance, the punishment for hirabah (brigandage/unlawful warfare) mentioned in Al-Ma'idah is applied. The punishment for hirabah encompasses life, property, and honor.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
127297
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy