One of my brother thinks that the punisment for an unmarried rapist is also stonning him to death.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Rahmatullaahi Wa Barakatuhu
One of my brother thinks that the punisment for an unmarried rapist is also stonning him to death. and there is no difference in punishment for a married or unmarried rapist. he is saying that if somebody commit sexual intercourse by force to anyone the punishment is to stone him to death irrespective of his marriage or singele. he is presenting the following hadith to support his veiw.
"When a woman went out in the time of the Prophet (peace_be_upon_him) for prayer, a man attacked her and overpowered (raped) her. She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.
She said: Yes, this is he. Then they brought him to the Apostle of Allah (peace_be_upon_him). When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Apostle of Allah, I am the man who did it to her.
He (the Prophet) said to the woman: Go away, for Allah has forgiven you. And about the man who had intercourse with her, he said: Stone him to death.
He also said: He has repented to such an extent that if the people of
May Allaah grant you with best rewards, please clarify how correct his opinion is under the light of Quran and Sunnah.
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Punishment for rape
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Beloved brother in Islam, the hadith that you have quoted is indeed accepted as authentic by the scholars and jurists of Islamic Jurisprudence.but there is absolutely nothing in the above quoted hadith which indicates or proves that the person who was punished for his crime of force zina or rape was unmarried.
Allah Says in the Holy Quran Chapter 24 Surah Noor verse 2:
2 The woman and the man guilty of zina (fornication) flog each of them with a hundred stripes: let not compassion move you in their case in a matter prescribed by Allah if ye believe in Allah and the Last Day: and let a party of the believers witness their punishment.
Shariah Law prescribes that if one is convicted for the crime of zina (unlawful sexual intercourse) in a Shariah Court of Law, their punishment will be in accordance with their marital status; if married, they are to be stoned to death, and if unmarried they are to be flogged a hundred lashes.
If it is proven in court that the woman was raped, she is absolutely blameless, and the person who raped her would be accorded the due punishment according to his marital status.
In the above quoted hadith, because the Messenger of Allah (saws) prescribed the Shariah punishment for adultery to the person who raped the innocent woman.it is obvious that the person who raped her was married.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,