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:
AssalamAlekum Wa
Rahmatullaahi Wa Barakatuhu
Dear Brother,
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.
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
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Answer:
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 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