What is Islamic viewpoint on rape? Are both the male and female equally behaved in connection with the hadd-e-zina or only male will be punished?

بسم الله الرحمن الرحيم

(Fatwa: 462/435/SN=5/1438)

 

Adultery and rape, according to Shari’ah, are haram and unlawful. The Holy Quran and Hadith speak about its unlawfulness and evilness in clear cut words. According to Shariah, it is also haram and sinful act to see any strange woman with lust or touch her. It is termed in Hadith as the “adultery of hand and eye”. Islam has ordained severe punishment for adultery. In case adultery is committed, both the man and woman i.e. adulterer and adulteress come under the ‘punishment of adultery’ provided it is proved according to Shariah in the Islamic court. However, if some woman is raped and she is unable to stop it in any way, then the woman i.e. victim shall not be punished and in such a case only the man (adulterer) shall be given punishment. The Holy Quran says:

وَلاَتَقْرَبُواْالزِّنَىإِنَّهُكَانَفَاحِشَةًوَسَاءسَبِيلاً[الإسراء: 32]

 

Do not even go close to fornication. It is indeed a shameful act, and an evil way to follow.

 

Another verse of the Holy Quran speaks:

 

الزَّانِيَةُوَالزَّانِيفَاجْلِدُواكُلَّوَاحِدٍمِّنْهُمَامِئَةَجَلْدَةٍوَلَاتَأْخُذْكُمبِهِمَارَأْفَةٌفِيدِينِاللَّهِالآية[النور: 2]

 

The fornicating woman and the fornicating man, flog each one of them with one hundred stripes. No pity for them should prevail upon you in the matter of Allah’s religion.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband