In india latest in the news is a case of a woman (MRS Imrana) in north up village. Who was unfortunately raped by her Father in law.
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One of our brothers/sisters has asked this question:
Asalam alaikum
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Sir, Now my question. In
Allah Hafiz
One of our brothers/sisters has asked this question:
In India there had been an incident of rape
by the father in law.The media got the chance to question the authority of
Muslim clerics and Ulema when the All India Muslim Personal Law Board (AIMPLB)
gave its verdict against Imrana that since she has become haraam for her
husband, she couldn’t live with him.The AIMPLB on June 26, 2005 corroborated
the edict of the Islamic seminary Darul Uloom Deoband that the woman who was
allegedly raped by her father-in-law, Ali Mohammed in Muzaffarnagar, a crime
prone town of the western Uttar Pradesh, could not live with her husband.The
lone woman member of the AIMPLB, Begum Naseem Iqtedar in Lucknow, she said on
telephone: “As far as the Holy Quran is concerned, Imrana’s marriage to her
husband Noor Ilahi stands dissolved because she has been raped by her husband’s
blood relative.”
“If she had been raped by some one else than a blood relation, she could have
rightfully stayed with her husband as in the Bilqis Bano case of Gujarat where
Hindu zealots raped her during the genocide,” she added.
In my opinion the rapist should be punished according to Islamic law and can
live with her husband as her wife. Please clarify this confusion.
One of our brothers/sisters has asked this question:
Assalamualaikum wrwbh
Please answer my queries
- What is the punishment of RAPIST in Islam?
- If somebody rapes her daughter-in-law, is the husband
will become haram for her due to the rape done by her father-in-law?
- What is the righteous judgement if a father-in-law
commits a rape?
awaiting for
One of our brothers/sisters has asked this question:
Asalamwaliekum,I am from India, and recently
in papers I read that one women is raped by her father-in-law for so many times
and at last she complained and recently the ulmas order her to marry
father-in-law and live her husband but she went to court for justice for what
she did is not mistake.my question is the decision taken by the Ulmas is right
or not is there any hadis regarding this incident if so give me breif idea and
whether the women has to spend her rest of life with that old man without any
mistaken on her part.
waiting for the reply, allh haffiz.
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Answer:
Raped by father in law
In the name of Allah, We
praise Him, seek His help and ask for His forgiveness. Whoever Allah
guides one can misguide, and whoever He allows to fall astray, none can guide
them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam,
no dai, nobody!) worthy of worship
but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant
and the seal of His Messengers.
Question-1: What is the punishment of RAPIST in Islam?
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.
A man from
the tribe of Aslam came to the Prophet (saws) and confessed that he had
committed an illegal sexual intercourse. The Prophet (saws) turned his face
away from him till the man bore witness against himself four times. The Prophet
(saws) said to him, "Are you mad?" He said "No." He (saws)
said, "Are you married?" He said, "Yes." Then the Prophet
(saws) ordered that he be stoned to death, and he was stoned to death at the
Musalla.
The punishment for rape
is the same as that of the crime of ‘zina’ in Islamic Law. If a person is married and is convicted in a
Shariah Court of Law of the abomination of rape, the punishment prescribed in
Shariah is that he should be stoned to death in public. But if the person is unmarried, the
punishment is that he should be flogged 100 lashes in public.
The above is the
punishment Shariah or Islamic Law allows an Islamic State to exact retribution
in the life of this world on the person committing this heinous crime. If the person does not repent for his
heinous crime, the punishment in the Hereafter is much more severe and
ever-lasting!
The victim of the rape
will be deemed absolutely blameless in the sight of the believers,
Question-2: If somebody rapes her daughter-in-law, is the
husband will become haram for her due to the rape done by her father-in-law?
Allah
Says in the Holy Quran Chapter 4 Surah Nisaa verses 22-23:
22 And marry not women whom your fathers
married except what is past: it was shameful and
odious an abominable custom indeed.
23 Prohibited to you (for marriage) are:
your mother, daughters, sisters, father's sisters, mother's sisters, brother's
daughters, sister's daughters, foster-mothers (who gave you suck), foster-sisters,
your wives' mothers, your step-daughters under your guardianship born of your
wives to whom ye have gone in no prohibition if ye have not gone in, (those
who have been) wives of your sons proceeding from your loins, and two
sisters in wedlock at one and the same time except for what is past; for Allah
is Oft-Forgiving Most Merciful.
Allah Subhanah guides
the believers in His Glorious Quran that it is an absolutely shameful, odious,
and an abominable act and thus absolutely prohibited for a son to ever marry a
woman whom his father has married, and for a father to ever marry a woman whom
his son has married!
The question here is
when a father rapes and thus commits the abomination of ‘zina’ with his son’s
wife, will the above prohibition that a son cannot ever marry any woman whom
his father has married apply and will the son’s wife remain lawful for the
son.
The
All the jurists and
scholars of all the major schools of thought also agree that if the
father-in-law rapes his daughter-in-law, he has committed the heinous
abomination of “zina” and should be punished by stoning to death in a muslim
state or whatever the punishment prescribed by the civil authorities of a
non-muslim state. But, under no circumstances can he marry the daughter-in-law,
as she was ‘haraam’ for him in the first instance, as she was already married
to his son. How can one imagine that the creator of this universe will ever
reward a zalim for committing the abomination of “zina” with marriage to the
victim. What has been commanded as ‘haraam’ can never be made ‘halaal’ by a
commitment of a sin as heinous as ‘zina’.
Imam Abu Hanifa of the
Hanafi school of thought and Imam Ahmad bin Hanbal of the Hanbali school of
thought are of the opinion that even if a father commits rape or ‘zina’ with
his daughter-in-law, the same law of prohibition would apply and thus that
woman will become ‘haraam’ for the son, and cannot remain as a lawful wife for
the son. But, that does not mean that the father can marry the daughter-in-law.
She was and will always remain ‘haraam’ for the father.
Imam Shafei of the
Shafei school of thought and Imam Malik of the Maliki school of thought
disagree to that opinion and opine that the prohibition is specific to
marriage, and does not apply in the case of ‘zina’.
And because in this
specific case, the daughter-in-law was raped by her father-in-law, the opinion
of Imam Shafei and Imam Malik would hold more weight whereby they state that
the prohibition of marriage cannot be applied in cases of ‘zina’; thus the
woman would remain lawful for the son as his wife, and the father be brought to
justice for his abomination and crime.
But because the majority
of the believers in the Indian sub-continent are Hanafis, they have applied the
opinion of the Hanafi school of thought; although in our humble opinion, Imam
Question-3: What is the righteous judgement if a
father-in-law commits a rape?
Regardless of whether
the one who commits and is convicted in a Shariah Court of Law of the
abomination of rape is a father-in-law or a stranger, Islamic Law dictates that
the person be stoned to death if he is married, or given a hundred lashes in
public if unmarried for his abomination of the crime! If the person does not turn back to his Lord
and seek repentance before his death, his punishment for his abomination of the
crime in the Presence of the Lord will be severe and ever-lasting.
Question-4: recently the ulmas order her to marry
father-in-law and leave her husband
Allah Says in
the Holy Quran Chapter 4 Surah Nisaa verse 23:
23 Prohibited to you (for marriage) are: your mother, daughters, sisters, father's sisters, mother's
sisters, brother's daughters, sister's daughters, foster-mothers (who gave you
suck), foster-sisters, your wives' mothers, your step-daughters under your
guardianship born of your wives to whom ye have gone in no prohibition if ye
have not gone in, (those who have been) wives of your sons proceeding
from your loins, and two sisters in wedlock at one and the same time
except for what is past; for Allah is Oft-Forgiving Most Merciful.
The law of the Glorious Quran is absolutely crystal clear that a father can never ever seek in marriage a woman who is or has been a wife of his son! Ever!!!! Even if the son dies or the son chooses to divorce his wife of his own free will, under no circumstances can any father marry a woman who is or has been a wife of his son in Islam. Such a marriage would be illegal, unlawful, and an absolute abomination in the Sight of Islamic Law and of Allah Subhanah.
Whatever written of
Truth and benefit is only due to Allah’s 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,
Burhan
Wister