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:

Assalamu alaikum wa rahamatullahi wa barkathahu wa makhfirathu

I would like to know what is the punishment for Rape. What is the compensation for the rape victim

Khuda Hafiz  

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Punishment and compensation 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 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.

Your Question: I would like to know what is the punishment for Rape.

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 of committing 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.

If the one who committed the heinous crime of rape also committed other crimes in addition to the evil of rape, like he abducted the victim, or used arms or ammunition to subdue the victim, or physically hurt or injured the victim, etc., then the prescribed punishments for those crimes will be added to the prescribed punishment of rape.

The above is only the prescribed punishment Shariah or Islamic Law allows the righteous society or Islamic State to exact retribution from the criminal in the life of this world for his heinous crime. If the person who committed this evil and heinous crime does not repent for his sins, the punishment in the Hereafter in the Presence of the Majestic Lord would be much more severe and ever-lasting!

Your Question: What is the compensation for the rape victim

To comprehend the value Islam has put on the sanctity of one’s honor, it should be noted that if one even intentionally kills or murders another human being, the legal heirs or survivors of the victim have the option of forgiving the murderer or accepting blood-money in expiation of the crime of murder and setting the murderer free, if they wish to do so.

But in the case of ‘rape’, the victim does not have the power or right to forgive the crime or demand compensation in lieu of the crime; but the criminal who committed this heinous crime is convicted in a court of Islamic Law will be accorded the full and due prescribed punishment.

There is no prescribed monetary compensation prescribed in Shariah Law for the victim of rape in the life of this world, for to put a value to this heinous and abomination of a crime would be to ascertain a value for human honor and dignity!

It is only in the Majestic and Supreme Presence of the Lord Most High in the Hereafter where the victims will receive a full and comprehensive retribution for the crime committed against them; and Allah is our witness, the retribution and compensation one would receive in the Presence of the Majestic Lord in the Hereafter would surpass by far any benefit a paltry compensation would bring to the pain and the agony suffered by the victim of rape in the life of this world.

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