Rape in Islamic Law: Difference between revisions

Rape, known in Islam as zina bi al-ikrah, is generally defined by Muslim jurists as forced intercourse by a man with a woman who is not his wife and without her consent. It is a crime punishable against the rapist with a [[w:hudud|hadd penalty]] - stoning (if he is a married person) or lashings (if he is unmarried) - just as he would receive for ordinary zina (unlawful intercourse). There is no punishment for the rape victim. Jurists disagree on whether the rapist must also pay a dowry as compensation to the victim. A controversial position of some modern jurists is that the hadd penalty for outlaws should apply to rapists (hadd [[w:Hirabah|Hirabah]]), described in {{Quran|5|33}}, or that rape should be regarded not as a hudud offence, but rather one that receives [[w:Tazir|Tazir]] (discretionary) punishment from the judge. These approaches avoid the four witnesses requirement for applying a zina hadd penalty when there is no confession.<ref>Dr Azman Mohd Noor, [http://irep.iium.edu.my/16877/1/PUNISHMENT_FOR_RAPE_IN_ISLAMIC_LAW.pdf Punishment for rape in Islamic Law], Malayan Law Journal Articles [2009] 5 MLJ cxiv</ref>

A small number of hadiths are cited to support the Islamic punishments for rape, discussed below. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, we will see that the Qur'an permits Muslim men to have sexual relations with their own female slaves. Kecia Ali, Associate professor of religion, Boston University says regarding sex with slaves: