The punishment of rape is strict in Islam
The punishment of rape is strict in Islam
Islam did not define rape differently. Rather, any sexual relationship outside of marriage is a crime in Islam. As a result, Islam has ensured strict punishment for both adulterers and rapists.
According to Islamic jurisprudence, the punishment of rapists is similar to the punishment of the adulterer. However, many Islamic scholars mentioned additional punishment for rape.
After the shirk and murder, fornication is a clear haram big crime. Karim has been cursed, 'Do not even go to adultery. Indeed, it is an indecency and an evil way. "(Surah Al-Isra, verse: 32)
The famous Tafsirbisharad Imam Qurtubi (R) said, "Ulama keram says, 'do not even go to adultery' than 'do not commit adultery', it is a much more stringent sentence." Its simple meaning is that those things which inspires adultery and also play role Forbidden
There are many hadis related to the punishment of rape. By applying the punishment, the sensitivity of the matter has been ensured.
In a hadis, in the time of the Prophet (peace be upon him), when a woman was raped forcibly, the Prophet (peace be upon him) did not punish him but punished the rapists. "(Ibn Majah, Hadith no: 2559)
[Note that the extent and manner of the punishments that are set in the Qur'aan and Hadith are ascribed to them]
In another hadith, a slave owned by a government servant in the fifth part of Ganayam has forcibly committed fornication (rape). It damages her virginity. Hazrat Umar (ra) whipped and slaughtered the slave. But he did not whip him because he forced him into slaughtering. "(Bukhari, Hadith No: 6949)
The punishment of adultery in Islam
The punishment of adultery in Islam is a little different. If a person is an adulterer in case of his husband / wife, then he is publicly stoned to death by the rules of Islam. And if the other person is unmarried (men and women) unmarried, then he will be released in front of a hundred lashes.
Allaah has said, 'Excommunic woman, fornicator, lash each one of them a hundred'. Do not let your heart feel compassion for them because of Allah's law, if you believe in Allah and the Hereafter. A group of Muslims should see their punishment. '(Sura Nur, verse: 2)
In the Hadith, the Prophet (peace be upon him) said, 'Ekti' lynch punishment for unmarried men and women and the emigration for one year. And for married men and women, one hundred lashes and razam (stoned to death). (Muslim)
In the light of this hadith, Islamic scholars of other schools say that if the adulterer is unmarried, then two of her punishment. One. One hundred 'whipped. Two Emigration for one year
Hanafi scholars (Bangladeshi scholars) generally say that in this case, the punishment (punishment by the Shari'ah) is one hundred 'whipped. And the matter of dispute is in the judgment of the judge. He is specially in person
You can apply it if you want.
The punishment of the punishment of rape in Islam
In the case of rape, adultery is organized. And the other side is tortured. So there is no punishment for the oppressor. Only the oppressor rapists will be punished.
In the case of rape, two things are organized randomly. One. Adultery Two Force or intimidation. For the first time, allotment of punishment for aforementioned adultery. For the latter, a part of Islamic lawmakers said, 'Muharaba will be punished.
Muharaba is a robbery by showing weapons with or without weapons or anywhere else. Only resources can be taken into account, and can only be slaughtered. Both can be both.
Maliki Mazahab's legalists added the importance of honoring the definition of 'Muharaba'. However, all Islamic scholars have referred to 'Muharra' in the sense of lawlessness, security interruption, and terrorism in the world.
In regard to the punishment of the Prophet, Allah said in the Qur'an, "Those who struggle with Allah and His Messenger and try to create mischief in the land, their punishment is that they will be killed or crucified, or their handpieces will be cut off from the opposite side or from the country Will be expelled. It is for them the worldly lust, and in the Hereafter they will have a severe punishment. "(Sura Mida, verse 33)
If there is a killing, punishment is done through killing, robbing wealth, cutting hands and feet from the opposite side, killing the property, and giving the explanation of the killing of slaughtered Islamic lawmakers. Again, if he is a minor offense, he also mentioned the punishment of Deshantar.
In short, the punishment of crime and fear of terror is severe from the punishment of the fear of torture and unhappiness.
The definition of rape under the law of Bangladesh has been stated, "If a man does not have sex with any woman of the age of sixteen years without the consent of his or her consent or fraudulently obtaining his consent, or having sexual intercourse with consent or consent of any woman under 16 years of age , Then he shall be deemed to have committed that woman. '
This definition has no conflict with Islam. But there is some slight incompatibility. In the case of consensus and disagreement, Islam has imposed a penal offense for marrying an unmarried physical relationship between men and women. But in our local law, the offense is called offense only. The difference is that
Unmarried relations without consent are considered to be an offense to Islam and domestic laws and to people of all walks of life. If there is death due to rape of Bangladesh, then there is no death penalty. There are only life sentences and punishments. On the other hand, if someone married in Islam, raping or committing adultery, then he will be stoned to death.
If death is due to rape in the law, he has been asked to hang him. And if death happens due to rape in Islam, then raped rapists will be punished and later punished for murder. If you are killed with weapons, then 'Kisas' or death penalty. And if there is no weapon, it is something that can not be killed with. Then the penalty The amount of which is equivalent to one hundred camels' worth of money (about a million taka).
If there is more crime involved with rape. For example, pornography. Promotion of such kind of video etc. If these crimes are found, then the punishment amount will be much longer.
Rules for rape evidence in Islam
Islam is one of the two things in Islam for proof of adultery. One. 4 witnesses, two. Rapist's confession
However, if the witnesses are not received, then it is necessary to force the rapist to arrest the accused according to modern DNA test, CC cameras, mobile video, rape case, and accept pressure from the accused. The sentence will be executed on the rapist with confession.
The responsibility of the government to implement as much punishment as is in the current law of Bangladesh. Due to various delays in the execution of the punishment and not punishable rape due to political or non-political pressure, it is totally inappropriate.
In many cases, rape was kept unilaterally. He was seen in the society with bent eyes. His family was threatened. Islam does not support this anyway.
These punishments will only apply to the state or state approved state-wide departments, none of the individuals.
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