Praise be to one Who is worthy to be praised (Allah), the Lord of the universe, the Master of the day of resurrection, the Maker and the Sustainer of the world. He who has command every soul to guide their chastity & lower their gazing. May His (Allah) blessing & peace be upon prophet Muhammad (the true servant of Allah), his household, companion & all those who follows his path till the day of recompose.
It is not a hidden truth about the forbiddance of raping both in the western law and Islamic jurisprudence. Rape is nothing new to hear and it is now an act which is so rampant all over the world even knowing the laid down judgment of the offensive act. Rape: the crime of forcing somebody to have sex with you, especially using violence (oxford learned dictionary).
Islamically, Rape is defined as "Zinar biljabr" fornication/ adultery with the use of coercion or compulsion. Rape in Islamic law is considered as a serious sexually crime because it entails compulsion on the victim to comply forcibly and there is no legal right for someone to have sexual intercourse unless when one have get married. It is then an act which is commonly & mostly practice by man on a woman (victim).
When one involve in this sinful act the commandments of Allah to respect human life & body has been abrogate by the rapist. Respect for human life & body is in several Qur'anic verse.
"...and come not near to Al-Fawâhish (shameful sins and illegal sexual intercourse) whether committed openly or secretly; and kill not anyone whom Allah has forbidden, except for a just cause (according to Islâmic law). This He has commanded you that you may understand.
So, the above Quranic verse explains the value for human life /body that it is sacred gift from Allah. The life/body of every soul/individual irrespective of gender, race, lineage, age, religion or social difference are to be respected and valued. Rape involve when there's no respect for human life and body, it doesn't only have effect physically but also spiritually, metally and emotional effect on the victim. In modern terms, rape is at its most basic level a violation of another person's sexual autonomy especially woman.
Moreover, Islamic legal scholars (Jurists) interpret rape as a crime of two categories Hadd of HIRABA and hadd of Zina. Rape is punishable in some circumstances by hadd of Zina as well as in some circumstances as hadd of hiraba (process by which an individual or groups causing disruption) and it is also complemented by ta'Zīr (Ref ** Noor, Azmab Mohd "Rape: A Problem of crime classification in Islamic Arab Law Quaterly. 24 (4): 417-438). Using analogical deduction from Qur'anic verses about the forbiddance of Zina and from a naration of rape case in the time of Prophet Muhammad, where the victims was excused and the rapist was given the judgement of "stone to death" (Check Suman Abu Dawúd and Tirmidhi) brings about applying the hadd penalty for Zina to a convicted rapist. Islamic Legal scholars also interpret rape as a crime in the category of hiraba (process by which a single person or groups of people causing disruption, killing, forcibly taking property or money, attacking or raping woman and any other disruptive act.) Thus, rapist will be judge under the category of those that are outlaw and cause danger towards the peace and security of the society. From findings rapist can also be punish by flogging of 100 lashes.
In addition, Rape case can be judge base on ta'Zīr or financial compensation when a conviction is reach as a result of circumstancial evidence, like seeing marks of violence/damage on the genitals on the body of the victims, presence of semen or blood-stains on the body or clothes of the victims or accused or medical report confirming that. Considering the judgement of ta'Zīr penalty under the principle of al-fi'l al-darr (Islam law of Tort), it is possible for the victims to make a claim for moral damages which may include violation of a person's freedom, dignity, reputation, social or financial status. (Ref ** Noor, Azmab Mohd "Rape: A Problem of crime classification in Islamic Arab Law Quaterly. 24 (4): 417-438).
According to Mālikī, Hambalīand Shāfi'ī school of law, violation to human right requires a monetary compensation. For rape it is under the violation of human rights because she is the propertorship of her sexuality. Thus, the victims of the rape must be compensated financially base on the jurist judgement.
Therof, the cause of this sinful act is mainly because of not being Pious of Allah Almighty and not upholding to the severe Judgement as laid down by Suman Rosul and the Islamic jurist which Allah command us to be Pious of him in all our dealings/ramification.
Surah Al-el-imran:102;
O you who believed, fear Allah as He should be feared and do not die except as Muslim.
Surah Hasr:18;. O you who believed. Indeed, Allah is acquainted with wat you do. Fear Allah, and let every soul took to what it has put forth for you tommorow.
Moreover, immodesty dressing from woman is also one of the mainly causes for raping because dressing,walking & talking in an immodest way or manner attract man and implore them in such an act since there's no mind of Piousness in them.not lowering our gaze & one's chastity not being guided contribute to the causes of this sinful act (rape).
Check also; Surah Al-Ahzab:59 and Surah Nur; 30-31. Thus, all aspects of life i.e the physical, mental, emotional and spiritual, are sacred and must be respected. No one, gender, nation or relationship has the right to hurt the other. All sinful act that falls under the categories of hadd of hiraba and hadd of Zina i.e rape, domestic violence are all violence and criminal abuses and act that were out of bound of Allah, Prophet and the Shariah commandment.
May Allah Safeguard us and prevent our soul from this worldly temptation. Amīn...
Penned and Compiled:
Moyosore A.O
12th Dhul Qa'adah 1441
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