The punishment of rape is found in an authentic narration from the Prophet Hazrat Muhammad(saw) that goes: حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى النَّيْسَابُورِيُّ حَدَّثَنَا مُحَمَّدُ بْنُ يُوسُفَ عَنْ إِسْرَائِيلَ حَدَّثَنَا سِمَاكُ بْنُ حَرْبٍ عَنْ عَلْقَمَةَ بْنِ وَائِلٍ الْكِنْدِيِّ عَنْ أَبِيهِ أَنَّ امْرَأَةً خَرَجَتْ عَلَى عَهْدِ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ تُرِيدُ الصَّلَاةَ فَتَلَقَّاهَا رَجُلٌ فَتَجَلَّلَهَا فَقَضَى حَاجَتَهُ مِنْهَا فَصَاحَتْ فَانْطَلَقَ وَمَرَّ عَلَيْهَا رَجُلٌ فَقَالَتْ إِنَّ ذَاكَ الرَّجُلَ فَعَلَ بِيكَذَا وَكَذَا وَمَرَّتْ بِعِصَابَةٍ مِنْ الْمُهَاجِرِينَ فَقَالَتْ إِنَّ ذَاكَ الرَّجُلَ فَعَلَ بِي كَذَا وَكَذَا فَانْطَلَقُوا فَأَخَذُوا الرَّجُلَ الَّذِي ظَنَّتْ أَنَّهُ وَقَعَ عَلَيْهَا وَأَتَوْهَا فَقَالَتْ نَعَمْ هُوَ هَذَا فَأَتَوْا بِهِ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَلَمَّا أَمَرَ بِهِ لِيُرْجَمَ قَامَ صَاحِبُهَا الَّذِي وَقَعَ عَلَيْهَا فَقَالَ يَا رَسُولَ اللَّهِ أَنَا صَاحِبُهَا فَقَالَ لَهَا اذْهَبِي فَقَدْ غَفَرَ اللَّهُ لَكِ وَقَالَ لِلرَّجُلِ قَوْلًا حَسَنًا وَقَالَ لِلرَّجُلِ الَّذِي وَقَعَ عَلَيْهَا ارْجُمُوهُ وَقَالَ لَقَدْ تَابَ تَوْبَةً لَوْ تَابَهَا أَهْلُ الْمَدِينَةِ لَقُبِلَ مِنْهُمْ The translation: From Waa’il ibn Hujr who said that a woman, in the life of the Messenger of Allah, [left her home] intending to go for Prayer [in the mosque] when a man seized her and had sexual intercourse with her, while she let out a scream [for help]. The man fled, and she told a man what had occurred. A group from amongst the Muhaajirin ((those who emigrated to Medinah with the Prophet Muhammad from Mecca )) were told of this and they chased the man down eventually capturing who they thought it was, and took the man to her. She said that it was the man who did it to her. They took the man (and the woman) to the Messenger of Allah, and the man asked ‘who is the man who did this to her’? The man confessed saying, “I am the one who did this to her, Oh Messenger of Allah!” The Prophet Muhammad said to the woman, “You can leave, for Allah has forgiven you!” The Prophet said to the man, “Your words are sound and Allah will forgive you after death (hasnan can also mean good – what is meant here is that his confession to this crime is a good thing).” So he said regarding the man who had raped her, “Stone him”. He added, “This man has [sincerely] repented a type of repentance that of the people of Medinah would perform, Allah would accept it from them.” This hadith is reported by Abu Dawud in his Sunan and Imam At-Tirmithi in his Sunan beneath the chapter “ما جاء في المرأة إذا استكرهت على الزنا What is said regarding the woman that has been coerced into committing fornication”. Here we can see one most important thing, even though the rapist confessed his sin but rasullulah(saw) punished him to death still. so it is clarify by Allah's messenger, punishment will be the same where the rapist either confess or not. As per the Quran: 1)- The word "Zina" has ONLY been used for the person who has illegal sex "WITH" consent "outside the marriage". The context of 24:2 talks only about the married person. And the 4 witness rule is applicable "ONLY" under a few cases i.e. i- When a married man or woman is accused of illegal sex outside marriage. ii)- When man or women are accused of same sex. iii)- Marriage ceremony and contract. I don't recall if the 4 witness rule is for any other case. 2)- Rape is "NOT" Zina. It is a sex enforced by force on a victim. It is a far more hedious and Serious crime compared to Zina. The verse of The Al-Quran that deals with Hideous crimes are: 5:33 The just retribution for those who fight Allah and His messenger, and commit horrendous crimes, is to be killed, or crucified, or to have their hands and feet cut off on alternate sides, or to be banished from the land. This is to humiliate them in this life, then they suffer a far worse retribution in the Hereafter. 33:58 Those who persecute the believing men and the believing women, who did not do anything wrong, have committed not only a falsehood, but also a gross sin. The muslim scholars are unanimously agreed that the rapist is to be subjected to the the punishment of death if there is clear evidence against him such as DNA test or other strong evidence decided by muslim jurists which prove that he is accused. as a example, the woman who is raped needs to provide at least 2 Sunni Muslim men as witnesses to be able to file a complaint of having been raped. According to our prophet(saw) this is called Izma & Qyas remains to us to make the judge of rape case. and there is no bound to maintain 4 witness rules for making the punishment of rape unless the specific crimes area mentioned above. Some example of Qyas; Some scholars said that he is required to pay money compensation to the woman. Imam Maalik (may Allaah have mercy on him) said: In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. Al-Muwatta’, 2/734 Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said: In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him). Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”. The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods. Of course, it must be confirmed that the complain of victim is a genuine rape case. The difficulty of prosecuting rapists and the possibility of prosecution for women who allege rape has been of special interest to activists for muslim women's rights(declared innocent & awarded dowry). Because in the past decades there have been several high profile cases of pregnant women prosecuted for zina who claim to have been raped(actually that was a mutual illegal sex), so both of them were accused under the different rules and law(adultery crimes). “If a woman becomes pregnant without having a husband or a master, she may not be punished and, in stead, she should be asked about it, if she claimed that she was coerced into it or that she committed adultery under dubious circumstances, or if she simply does not confess adultery then she will not be punished. This is the saying of Imam Abu Hanîfah and Imam al-Shâfi`î, because she may be pregnant as a result of a forceful intercourse or dubious circumstances. Punishment will be abandoned in case SUSPICION exists. Whatever, may be, the pregnant woman did not claim on the right time or there was no such enough evidence to accuse the rapist. But nowadays we can easily prove this by DNA test and/or to take others type of strong witness, stoning or hanging only and the only rapist to death not the innocent victim. The assaulted woman, however, would not be considered a sinner, since she was overwhelmed and could not be blamed for it. The Quran says: "If one is forced, without wilful disobedience nor transgressing due limits, then he/she is guiltless, For ALLAH is Oft-Forgiving Most-Merciful. ' , (2:173) Furthermore there are several law and punishment for those people who are the potential supporter of being raped or do not help the victim willingly(depends upon situation). So the judge has the choice of the punishments mentioned over, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors. ALLAH & Rasul(saw) only knows best. NB. informations are collected from some online source. you can check out the reference.
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