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(Book 36, Hadith 14) #36485
Punishment for Rape and Bride-Price

SUMMARY: The hadith explains the punishment for a rapist and the bride-price that must be paid to the raped woman.

Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him".
حَدَّثَنِي مَالِكٌ، عَنِ ابْنِ شِهَابٍ، أَنَّ عَبْدَ الْمَلِكِ بْنَ مَرْوَانَ، قَضَى فِي امْرَأَةٍ أُصِيبَتْ مُسْتَكْرَهَةً بِصَدَاقِهَا عَلَى مَنْ فَعَلَ ذَلِكَ بِهَا ‏.‏ قَالَ يَحْيَى سَمِعْتُ مَالِكًا يَقُولُ الأَمْرُ عِنْدَنَا فِي الرَّجُلِ يَغْتَصِبُ الْمَرْأَةَ بِكْرًا كَانَتْ أَوْ ثَيِّبًا إِنَّهَا إِنْ كَانَتْ حُرَّةً فَعَلَيْهِ صَدَاقُ مِثْلِهَا وَإِنْ كَانَتْ أَمَةً فَعَلَيْهِ مَا نَقَصَ مِنْ ثَمَنِهَا وَالْعُقُوبَةُ فِي ذَلِكَ عَلَى الْمُغْتَصِبِ وَلاَ عُقُوبَةَ عَلَى الْمُغْتَصَبَةِ فِي ذَلِكَ كُلِّهِ وَإِنْ كَانَ الْمُغْتَصِبُ عَبْدًا فَذَلِكَ عَلَى سَيِّدِهِ إِلاَّ أَنْ يَشَاءَ أَنْ يُسَلِّمَهُ

TOPICS
rape  *  punishment  *  slave  *  lahw  *  iqab  *  mahr  *  abd  *  brideprice

QUICK LESSONS:
Follow Islamic Law when punishing rapists

EXPLANATIONS:
This hadith discusses the punishment for rape in Islamic law. According to this hadith, if a man rapes a free woman, he must pay her bride price as compensation. If she is a slave then he must pay what he has diminished of her worth. The hadd punishment is applied to the rapist but not to the raped woman. If the rapist is a slave then it is up to his master whether or not they wish to surrender him or not. This shows that Islam takes rape very seriously and provides justice for victims of rape by punishing those who commit it and providing compensation for those who have been wronged by it. It also shows that Islam does not punish victims of rape but instead seeks justice on their behalf through other means such as providing them with financial compensation in form of bride price or restoring their worth if they are slaves at time of crime being committed against them.

The main values taught in this hadith are justice and compassion towards victims of crime such as rape which can often be overlooked in other societies where perpetrators may go unpunished while victims suffer without any reparations being made on their behalf from society or government institutions responsible for upholding laws protecting citizens from harm caused by criminals like rapists etc..

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