Islam & The Prevention of Rape



Islam & The Prevention of Rape

By

Sary Farah

Outline

I- The epidemic of rape in our days

a. Facts and numbers

b. The need for prevention

II- Islam in brief

III- Islam and Desire

a. Internal/personal control of desire

i. Islamic creed: a cognitive approach

ii. Islamic worship program: self control and sublimation

b. External/socio-political control of stimuli

i. Hijab and the decent conduct of a Muslim woman

ii. Media control and prohibitions

iii. Regulating inter-gender relations

iv. Women traveling with mahram

IV- Islamic law and the punishment for rape

a. Muslims living in a non-Islamic state

b. Non-Muslims in an Islamic state

V- Conclusion

The Epidemic of Rape in Our Days

"I never lost my virginity… it was stolen!" a statement describing the attitude of a rape victim, blaming the offender for his horrible crime. Rape is the term used to describe sexual intercourse committed without a person's consent and/or against a person's will through force or threat of force[1]. There is a universal consensus on considering rape as a crime, a social ailment that requires treatment by all available means. Alarming statistics show that the frequency of rape, as well as other crimes, is on the rise almost at a global level. In the USA alone, as FBI statistics indicate, the number of rapes has risen dramatically; more than 102,000 cases were reported in 1990, and there was one rape reported for every 270 women in 1995 and an average of one rape every five minutes[2]. In around the year 2000, the US was the 9th state on the statistical list of rapes per capita, with South Africa in the 1st place (1.2 per 1,000 people), followed by Seychelles, and Australia (0.8 per 1,000 people).[3] Amnesty International stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped in the United States during that year.

The impact of rape is quite devastating. Rape is a violent crime which has many severe effects on the victim both in the long term and in the short term. For example, 36% women who are injured during a rape require medical attention[4]. 25 - 45% of rape survivors suffer from non-genital trauma, 19 - 22% suffer from genital trauma, up to 40% obtain STDs and 1 - 5% become pregnant as a result of the rape. There are an estimated 32,000 rape related pregnancies in the United States annually.[5] Sexual assault survivors' visits to their physicians increase by 18% the year of the assault, 56% the year after and 31% the second year after the assault.[6]

The consequences of rape are not always physical though, and are not always immediate. 80% of rape victims will suffer from chronic physical or psychological conditions over time. (Strategies for the Treatment and Prevention of Sexual Assault, American Medical Association, 1995) Rape survivors are also 13 times more likely to attempt suicide than not crime victims and 6 times more likely than victims of other crimes.[7] 26% of women with bulimia nervosa were raped at some point in their lives. The mental health costs of sexual assault victims are very high, studies have shown that 25 - 50% of rape and child sexual abuse victims receive some sort of mental health treatment as a result of the victimization.[8]

Prohibition by law and the execution of convicted rapists doesn't seem to be an efficient procedure into stopping rape, since the crime is continuing so far. "Our laws are woefully inadequate to protect women in U.S. prisons, too many of whom are subjected to sexual assault, harassment, and barbaric shackling practices," notes Amnesty International USA Executive Director William Schultz.

Moreover, we need to reach a stage where we can save our societies from this crime, rather than just punishing the offender. This requires a social system which is based on an ideology, a philosophy, or a religion.

In this paper, we are going to examine Islam as a creed and a way of life, in addition to the social system it provides. Propagators of Islam claim that such a system certainly leads to protection from all social harms, crimes and deviancies, or at least a significant decrease in the margin of social problems. Not only Muslim believers, but also some Western thinkers support the aforementioned contention. The British philosopher George Bernard Shaw said:

"It (Islam) is also the only religion which is in harmony with all the various stages of life. I view that Muhammad should be named the rescuer of humanity. If a man like Muhammad ruled the world, he would solve its problems… that would bring it the much needed peace and happiness."[9]

Islam in brief

Islam is a universal monotheistic faith. In English, The word Islam means Submission. Etymologically, Islam comes from the Arabic root-word Salama, which means to be in peace, to be in safety. It is also explained as being in amity with God, the universe, the society, and one's self. In other words, peace can be achieved through submission to Allah, the one and only God.

{فَمَن تَبِعَ هُدَايَ فَلاَ خَوْفٌ عَلَيْهِمْ وَلاَ هُمْ يَحْزَنُونَ}

{…whosoever follows My (God's) guidance, on them shall be no fear, nor shall they grieve.}[10]

Muslims believe that Islam is the true revealed religion since the time of Adam, the first created man. After the time of Adam, Allah revealed to many other prophets in order to call the people back to the obedience of Allah, warn them from the consequences of their digressions, and to fulfill the religion. Among those prophets; Noah, Abraham, Moses, David, Solomon, John the Baptist, and Jesus (peace be upon them all):

{إِنَّآ أَوْحَيْنَآ إِلَيْكَ كَمَآ أَوْحَيْنَآ إِلَىٰ نُوحٍ وَالنَّبِيِّينَ مِن بَعْدِهِ وَأَوْحَيْنَآ إِلَىٰ إِبْرَاهِيمَ وَإِسْمَاعِيلَ وَإْسْحَاقَ وَيَعْقُوبَ وَالأَسْبَاطِ وَعِيسَىٰ وَأَيُّوبَ وَيُونُسَ وَهَارُونَ وَسُلَيْمَانَ وَآتَيْنَا دَاوُودَ زَبُوراً * وَرُسُلاً قَدْ قَصَصْنَاهُمْ عَلَيْكَ مِن قَبْلُ وَرُسُلاً لَّمْ نَقْصُصْهُمْ عَلَيْكَ وَكَلَّمَ اللَّهُ مُوسَى تَكْلِيماً}

{We[11] have sent thee inspiration, as We sent it to Noah and the Messengers after him: we sent inspiration to Abraham, Isma'il, Isaac, Jacob and the Tribes, to Jesus, Job, Jonah, Aaron, and Solomon, and to David We gave the Psalms. Of some apostles We have already told thee the story; of others We have not; and to Moses God spoke direct; Apostles who gave good news as well as warning, that mankind, after (the coming) of the apostles, should have no plea against God: For God is Exalted in Power, Wise.} [12]

The last prophet of Allah, as Muslims believe, is Muhammad (pbuh). By his advent and accomplishment of his message in the early 7th century C.E., Allah's religion was completed and fulfilled:

{الْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِي وَرَضِيتُ لَكُمُ الأِسْلاَمَ دِيناً}

{This day have I (God) perfected your religion for you, completed My favor upon you, and have chosen for you Islam as your religion.}[13]

Islam is a complete and holistic way of life. It is not only concerned with the rites of worship and prayers; it provides a well detailed lifestyle that involves even the minute details of a Muslim's living. Leopold Weiss (now Mohammad Asad)[14] stated that:

"Islam appears to me like a perfect work of Architecture. All its parts are harmoniously conceived to complement and support each other. Nothing is superfluous and nothing lacking, with the result of an absolute balance and solid composure."

It is believed to be a mercy from Allah that He revealed this religion to mankind.

The Islamic rationale supporting that statement is that human beings can not produce a religion for themselves, since their minds are bound to their senses. Their senses and perceptive abilities are also limited and hence their knowledge. Therefore, the divine revelation is considered as guidance from a perfect transcendent and omniscient source; the Creator, God. The prophets and messengers to whom the revelation was revealed are considered to be as human role models for believers.

{يَا أَهْلَ الْكِتَابِ قَدْ جَآءَكُمْ رَسُولُنَا يُبَيِّنُ لَكُمْ كَثِيراً مِّمَّا كُنْتُمْ تُخْفُونَ مِنَ الْكِتَابِ وَيَعْفُواْ عَن كَثِيرٍ قَدْ جَآءَكُمْ مِّنَ اللَّهِ نُورٌ وَكِتَابٌ مُّبِينٌ * يَهْدِي بِهِ اللَّهُ مَنِ اتَّبَعَ رِضْوَانَهُ سُبُلَ السَّلاَمِ وَيُخْرِجُهُمْ مِّنِ الظُّلُمَاتِ إِلَى النُّورِ بِإِذْنِهِ وَيَهْدِيهِمْ إِلَى صِرَاطٍ مُّسْتَقِيمٍ}

{O people of the book! There hath come to you from God a light and a perspicuous Book, wherewith God guides all who seek His good pleasure to ways of peace and safety, and leads them out of darkness, by His will, unto the light, guides them to a path that is straight.}[15]

Islam and Desire

"God created men and women. He also created their characters, instincts and organic needs. Such needs are constantly provoked in different degrees … which have to be satisfied accordingly… Islamic laws (shari'a)[16] handle such problems by simply organizing those needs and instincts' satisfaction, without trying to obstruct or deprive them, nor through chaotic satisfaction, nor even satisfying some instincts on each other's expense… "[17] Islam manages the process of satiation and control of human desire by the means of two channels:

1- Internal/personal, which includes creed (cognition), and the system of worship and moral conduct (behavior).

2- External/socio-political, including clothing criteria, male female relations' regulation, banning provocative stimulants, and punishment for criminals.

1- Internal/personal control of desire

Islamic creed: a cognitive approach

Islam's treatment and prevention dimensions of social and individual problems are similar to the cognitive-behavioral approach. It is cognitive for including a creed that has a psychodynamic framework. As Lazarus identifies cognition as the key to functioning and change and notes that

"it provides motivational direction, emotional significance and the justification of action, and it connects action to the environmental context by the principle of feedback"[18].

In the same manner, a believer is motivated, guided and driven by his creedal conviction.

A Muslim establishes a firm belief in God that is not mixed with uncertainty. He knows God's existence and attributes (Might, Mercy, Knowledge, Omnipotence, Will…) through examining the world around him. Consequently, out of gratefulness to God, a Muslim reaches the following convictions: "

Is it right to disobey Allah when I eat the provision He created, and live on His land and when I know that He can see everything I do? ... How can I disobey Allah, while I cannot ward off death long enough to give myself time to repent, and I know that when death comes there will be no reprieve, how can I hope to be saved?"[19]

This concept of accountability before God, once embraced, has a great influence on one's behavior. He will be carefully weighing the consequences of his actions before initiating them, for he certainly knows that nothing goes without God's accountancy:

{وَاتَّقُواْ يَوْماً تُرْجَعُونَ فِيهِ إِلَى اللَّهِ ثُمَّ تُوَفَّى كُلُّ نَفْسٍ مَّا كَسَبَتْ وَهُمْ لاَ يُظْلَمُونَ}

{And fear the day when ye shall be brought back to Allah. Then shall every soul be paid what it earned, and none shall be dealt with unjustly}[20]

{فَمَن يَعْمَلْ مِثْقَالَ ذَرَّةٍ خَيْراً يَرَهُ * وَمَن يَعْـمَلْ مِثْقَالَ ذَرَّةٍ شَرّاً يَرَهُ}

{Then shall anyone who has done an atom's weight of good, see it! And anyone who has done an atom's weight of evil, shall see it.}[21]

In addition to reflection and reason, the Qur'an is another source of certainty for a Muslim. It challenged the Arabs, masters of rhetoric and eloquence to produce a chapter similar to it[22], yet, throughout fourteen centuries none was able to meet the challenge. It can not be, logically speaking, the word of Muhammad for he was known to be illiterate[23]. Furthermore, the Qur'an includes scientific facts that were unknown during Muhammad's time, such as embryonic development, the expansion of the universe, the celestial origin of iron, the function of mountains as pegs for the land…[24] in addition to prophecies that were fulfilled throughout history. Therefore, it can not be from Muhammad. It must be a Divine revelation.[25] These conclusions result in the consolidation of the creed in the mind of the believer, and thus a Muslim's behavior will be more bound to, and directed by his faith.

Some might argue that one's need and desire might prevail over his belief and thus lead to a criminal or deviant act. Consciousness is highly important in Islam. One should be constantly aware of being in the Divine presence, for God is omniscient and omnipresent. However, man would occasionally fall into heedlessness (ghafla) and then fall into sin. This is not the end of the world for a Muslim; there is always room for rectification and repentance (as long as he lives):

{قُلْ يعِبَادِيَ الَّذِينَ أَسْرَفُواْ عَلَى أَنفُسِهِمْ لاَ تَقْنَطُواْ مِن رَّحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعاً إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ}

{Say: "O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah. For Allah forgives all sins: for He is Oft-Forgiving, Most Merciful.}[26]

In brief, the Islamic creed provides a believer with a purpose of life, as well as an effective cognitive immunity to deviancy and delinquency. It ingrains in the psyche a moral impetus that effectively prevents the individual from committing criminal acts. It also empowers one's adherence to the moral code provided by the Qur'an, making its commands and prohibitions much more binding than any man-made set of laws or moral code.

Islamic worship program: self control and sublimation

Heedlessness (ghafla) is also cured through the complete program of worship that will keep the Muslim in a state of remembrance of Allah throughout the day[27].

{اتْلُ مَا أُوْحِيَ إِلَيْكَ مِنَ الْكِتَابِ وَأَقِمِ الصَّلاَةَ إِنَّ الصَّلاَةَ تَنْهَى عَنِ الْفَحْشَآءِ وَالْمُنْكَرِ وَلَذِكْرُ اللَّهِ أَكْبَرُ وَاللَّهُ يَعْلَمُ مَا تَصْنَعُونَ}

{Recite what is sent of the book by inspiration to thee, and establish regular prayer: for prayer restrains from shameful and evil deeds; and remembrance of Allah is the greatest (thing in life) without doubt. And Allah knows the (deeds) that ye do}[28]

The Islamic prayer, Salaat, as some medical experts indicate, has another function that is beyond cognitive awareness and remembrance. Researches indicate that prayer has a regulatory function: it helps regulating hormonal secretion. Medical doctor and researcher Zuheir Rabih Qarami explains in his study on prayer:

'…Fajr (dawn) prayer helps calming down male excitement through regulating adrenal secretion that occurs daily with the early morning… it also helps regulating the high level of testosterone's (male sex steroid hormone) secretion at its peak by middle noon, by the time of zuhr (noon) prayer… the 'assr (afternoon) prayer relieves the arousal caused by the second peak of adrenal secretion'[29]

In addition to the fore-mentioned personal merits of prayer, there are also social merits. It is recommended in Islam that the prayer would be in congregation (jamaa'ah). Muslims in a neighborhood will be meeting about five times a day, standing shoulder to shoulder in prayers, greeting one another afterwards, listening to a sermon, a lecture, or even a concise word of wisdom from the imam of the mosque. This would create a positive social atmosphere, promote inter-human coherence and social consciousness. Thus, it helps promoting a sense of social immunity to crimes and tribulations[30].

Canon Taylor said:

"It (Islam) replaced monkishness by manliness.  It gives hope to the slave, brotherhood to mankind, and recognition of the fundamental facts of human nature[31]." 

In the Islamic tradition, monasticism is unacceptable. A Muslim is supposed to be involved in worldly affairs. For example, Islam encourages early marriage[32]. However, the prophet (pbuh) recommended fasting (from dawn until sunset) for those who can not afford to get married[33]. It is medically known that controlling the input of food (quantitatively and qualitatively) helps in controlling the output of energy (especially aggression and sexual activity). For Imam Abu Hamed Al-Ghazali, gluttony, or shahwat-ul-battn is the key to sexual desire shahwat-ul-farj. If you control the first, you control the second. Moderation is recommended in all circumstances as in these verses: {... eat and drink: But waste not by excess, for Allah loveth not the wasters.}[34] Prophet Muhammad (pbuh) made this issue even clearer by saying:

"A descendent of Adam can fill no container worse than his own belly. A few small mouthfuls should suffice to keep his back straight; if he cannot keep to this, then let him fill one third (of his belly) with his food, one third with his drink and keep the other for his breath The latter means (to leave one third of the belly empty and thus facilitating respiration)."[35]

On fasting, Sheikh Shah Waliyullah said:

"Since the dominance and power of bestial attributes are caused by eating, drinking and excessive indulgence in lowly desires - the latter playing the dominant role in the assertion of bestial attributes - it is essential to curtail and curb the onslaught of the flesh by a reduction in these factors (eating, drinking and indulgence in desire). Precisely for this reason do we find unanimity among all those who desire the supremacy of the soul and the subjugation of the flesh. All such men are unanimous in their assertion that the method of establishing the supremacy of the soul over the body is to reduce indulgence in eating, drinking and lowly desire. A remarkable fact is that this unanimity exists despite the different religions and lands of these men (i.e. those who desire the supremacy of the soul)."[36]

To sum up, worship in Islam strengthens the adherent's aptitude of self-control, and sublimates his drives into constructive behaviors, along with the regulated satiety of needs.

2- External/socio-political control of stimuli

Hijab and the decent conduct of a Muslim woman

Other pre-emptive measures exist in the Islamic system in order to prevent uncontrolled desires and illicit behavior. The most important procedure consists of avoidance of all stimuli that would lead to arousal. The sexual feeling is an instinctual aspect which is never excited internally. It rather necessitates an external exciting factor .One of the theories of stimulation in behavioral psychology indicates that an instinctive behavior aiming for satiation is caused by a certain releaser[37]. In the case of rape, the primary releaser causing the crime is the female's body. Findings indicate that males are stimulated through visual stimuli in terms of sexual activity.[38] One of the Islamic duties is wearing decent clothing, and thus concealing the stimulating features of a woman's body, and hence helps in avoiding male excitement. In addition to that, God commands the believers, males and females, to avoid contemplating and staring on each other's bodies. This helps in preventing attraction that would be the first step into fornication. The verse also indicates the people before whom a woman is allowed not to be wearing the hijab:

{قُلْ لِّلْمُؤْمِنِينَ يَغُضُّواْ مِنْ أَبْصَارِهِمْ وَيَحْفَظُواْ فُرُوجَهُمْ ذلِكَ أَزْكَى لَهُمْ إِنَّ اللَّهَ خَبِيرٌ بِمَا يَصْنَعُونَ * وَقُل لِّلْمُؤْمِنَاتِ يَغْضُضْنَ مِنْ أَبْصَارِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلاَ يُبْدِينَ زِينَتَهُنَّ إِلاَّ مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ وَلاَ يُبْدِينَ زِينَتَهُنَّ إِلاَّ لِبُعُولَتِهِنَّ أَوْ آبَآئِهِنَّ أَوْ آبَآءِ بُعُولَتِهِنَّ أَوْ أَبْنَآئِهِنَّ أَوْ أَبْنَآءِ بُعُولَتِهِنَّ أَوْ إِخْوَانِهِنَّ أَوْ بَنِي إِخْوَانِهِنَّ أَوْ بَنِي أَخَوَاتِهِنَّ أَوْ نِسَآئِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَانُهُنَّ أَوِ التَّابِعِينَ غَيْرِ أُوْلِي الإِرْبَةِ مِنَ الرِّجَالِ أَوِ الطِّفْلِ الَّذِينَ لَمْ يَظْهَرُواْ عَلَى عَوْرَاتِ النِّسَآءِ وَلاَ يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ وَتُوبُواْ إِلَى اللَّهِ جَمِيعاً أَيُّهَا الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ{

{Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do. And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! Turn ye all together towards Allah, that ye may attain Bliss.}[39]

This command is similar to what was narrated in the New Testament when Jesus said:

“Ye have heard that it was said by them of old time, Thou shalt not commit adultery: But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart. And if thy right eye offend thee, pluck it out, and cast it from thee: for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.”[40]

The verse that indicates the enjoinment of Hijab is the following:

}يأَيُّهَا النَّبِيُّ قُل لأَزْوَاجِكَ وَبَنَاتِكَ وَنِسَآءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِن جَلاَبِيبِهِنَّ ذلِكَ أَدْنَى أَن يُعْرَفْنَ فَلاَ يُؤْذَيْنَ وَكَانَ اللَّهُ غَفُوراً رَّحِيماً{

{O prophet! tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when out of doors): that is most convenient, that they should be known (as such) and not molested. And Allah is oft-Forgiving, most Merciful.}[41]

The verse mentioned the main reason behind hijab, which is to protect women from being molested: {that they should be known (as such) and not molested…} Dr. Zakir Naik clarifies the meaning of the verse by the following example:

Suppose two sisters who are (identical) twins, and who are equally beautiful, walk down the street. One of them is attired in the Islamic hijab i.e. the complete body is covered, except for the face and the hands up to the wrists. The other sister is wearing western clothes, a mini skirt or shorts. Just around the corner there is a hooligan or ruffian who is waiting for a catch, to tease a girl. Whom will he tease? The girl wearing the Islamic Hijab or the girl wearing the skirt or the mini? Naturally, he will tease (harass) the girl wearing the skirt or the mini.[42] Such dresses are an indirect invitation to the opposite sex for teasing and molestation.[43]

The Hijab is ruled by the following criteria: The first criterion is the extent of the body that should be covered. For women, the extent of covering obligatory is to cover the complete body except the face and the hands up to the wrist. If they wish to, they can cover even these parts of the body. All the remaining criteria are the same for men and women. The clothes worn should be loose and should not reveal the body's shape. The clothes worn should not be transparent such that one can see through them. The clothes worn should not be so glamorous as to attract the opposite sex. The clothes worn should not resemble that of the opposite sex.

Hijab includes conduct and behavior among other things. Complete hijab, besides the mentioned criteria of clothing, also includes the moral conduct, behavior, attitude and intention of the individual. A person only fulfilling the criteria of hijab of the clothes is observing hijab in a limited/external sense. Hijab of the clothes should be accompanied by hijab of the eyes (by lowering the gaze), hijab of the intention and the heart. It also includes the way a person walks: {… they should not strike their feet in order to draw attention to their hidden ornaments …}[44], the way a person talks, the way he behaves, etc.

{...فَلاَ تَخْضَعْنَ بِالْقَوْلِ فَيَطْمَعَ الَّذِي فِي قَلْبِهِ مَرَضٌ وَقُلْنَ قَوْلاً مَّعْرُوفاً}

{Be not too complaisant of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech (that is) just.}[45]

Media control and prohibitions

Some might argue that, in spite of conservative Islamic dress, and decent female behavior, rape incidents occur in various places in the Muslim world. This does not indicate the uselessness of Islamic dress and decent female conduct; it rather indicates the existence of another source of stimulation. These sources could be the TV, printed media, the internet, advertisement boards. "Men are not born thinking women enjoy rape and torture – It is not carried on the Y chromosome. They learn it from pornography."[46] In support to this statement, the social learning theory in psychology indicates that vicarious learning is mostly provided by the media, and people tend to emulate what they see on TV more often. Many studies point to a causal connection between televised violence and true life aggression[47].

The display of nude or semi-nude pictures or programs is a source of stimulation leading to repressed desires and might as well be a basic motive behind rape. Findings supporting such claims are frequent. Many social scientists argue that the American culture includes many features encouraging rape, among which the existence of sexually stimulating media (magazines, channels, www…) and pornography, to an extent that Griffin called rape "The All American Crime."[48] Suzan Brownmiller, the founder of "Women Against Pornography" in 1979, wrote in [Against our will] that pornography: "… is not a celebration of sexual freedom but a cynical exploitation of female sexual activity through the device of making all such activity and consequentially all females 'dirty'." She believes that pornography is designed to "dehumanize women, to reduce the female to the object of sexual access, not to free sensuality from moralistic or parental inhabitation" Anti pornography groups argue that pornography injures women in three ways:

1- It is violence against women … involves the coercion of women in scenes of humiliation, rape, and degradation.

2- It causes violence against women by providing a "how to" manual for rape and violence, as Robin Morgan says, pornography is: "… the theory, and rape is the practice."[49]

3- Inures consumers to the culture of violence that surrounds us repeated exposure "desensitizes people to the abuse of women" with viewers becoming "numb to abuse when it is done through sex" as Catharine Mackinnon, indicates in an interview to the Chicago Tribune, 1986.

Findings have shown that exposure to erotic films decreases attraction for a less exciting partner. It also increases acceptance of extramarital sex and women's sexual submission to men. It also increases men's perceiving women in sexual terms.[50] In Hawaii, the number of reported rapes rose nine fold between 1960 and 1974, dropped when restraints on pornography were temporarily imposed, and rose again when the restraints were lifted.[51] In spite of studies strongly supporting the significant relation between rape and pornography, other social scientists showed studies indicating weak or even no relation between them. They believe that, so far, results are still inconclusive[52] However, findings supporting the relation are not to be underestimated, and other findings do not negate, in total, the relation between pornography and rape. A 1988 study indicated that 83% of rapists admitted regular use of pornography[53].

The Islamic law completely prohibits all forms of erotic and pornographic displays and materials. This ban is believed to be a great social relief from repression and a cure to anxiety caused by over-stimulation and the inability to satiate the instinctual needs. Alcohol and all other intoxicants such as drugs are illicit in Islam. An Islamic government bans all forms of intoxicants and pursues those who try to serve and deal with them. Since, as an American study indicates, 70 percent of rapes are associated with alcohol intoxication or drugs[54]. Such prohibition surely contributes to the protection of the society from rape, as well as other crimes and car accidents.

Regulating inter-gender relations

Another form of arousal-prevention in Islam is through regulating male and female relations and interactions. Most rapists knew their victims before the rape crime that they planned for … the most frequent form of rape reported is "acquainted" or "date" rape.[55] Segregation of genders is a mandatory social trend in Islam that is believed to prevent the occurrence of sexual aggression.

The Islamic laws always tend to shut all the doors leading to nuisance. It is not intended to sophisticate things when Islam puts under the magnifying glass the relation between man and woman. It is not necessary, that every time a man meets a woman, he or she would feel sexually stimulated. But as a principle, such a private meeting is supposed to arouse the sexual desire which might lead to a sexual relation between them. However they may be found together for a business relation, or in a hospital as a patient and a nurse or still in a classroom as students of both sexes and so forth. In such cases, although man and woman do meet together yet no sexual excitement would be occurring except when an aptitude of such an excitement does exist. However such an aptitude does not necessarily call for a complete separation that may lead to form a barrier between man and woman in general life's activities, thus hindering any cooperation between them. Although such cooperation is necessary for the society's welfare, yet it needs to be regulated on a sound basis which is the social system in Islam.

Dating and secluded meetings between a woman and a non-mahram man[56] (or a stranger) are prohibited in Islam. Such situations pave the way to rape and molestation, since most rape incidents were in private and isolated settings.

Women traveling with mahram

One of the forms of Islamic law's protection for women, is that it enjoins men to accompany their female relatives in travel. Ibn ‘Abbaas (may Allaah be pleased with him), reported that the Prophet (pbuh) said: “A woman should absolutely not travel unless she has a mahram with her.” A man stood up and said, “O Messenger of Allaah, I have enlisted in such-and-such a military campaign, and my wife has set out for Hajj.” He said, “Go and do Hajj with your wife.”[57] What indicates that a mahram is obligatory is the fact that the Prophet (pbuh) commanded this man to give up the idea of jihaad (on this occasion), even though he had enlisted for a campaign and his wife was traveling for the purpose of worship, not for some frivolous or suspicious reason. In spite of all this, he told him to go and do Hajj with his wife.[58] The prohibition conveyed by the hadith is justified by fearing that the woman may be exposed to mischief or temptation if she travels alone, bearing in mind that the dangers of travel were numerous in the past.

Some might say that this is quite restrictive to females. But if we examine this ruling, we will find that it is rather for the protection and safety of women. A woman traveling alone can be seen as an easy target for a rapist. While in the company of a male mahram, it would be less likely for someone to harass a woman. Many rape incidents occurred while women were traveling alone, or even while coming back home.[59]

Islamic law and the punishment for rape

The ultimate objective of every Islamic legal injunction is to secure the welfare of humanity in this world and the next by establishing a righteous society.

{لَقَدْ أَرْسَلْنَا رُسُلَنَا بِالْبَيِّنَاتِ وَأَنزَلْنَا مَعَهُمُ الْكِتَابَ وَالْمِيزَانَ لِيَقُومَ النَّاسُ بِالْقِسْطِ...}

{We sent aforetime our messengers with clear signs and sent down with them the book and the balance (of right and wrong), that men may stand forth in justice…}[60]

The means to implement all of the above mentioned Islamic rulings, preventive measures, prohibitions and punishments is the Islamic state. It is not allowed for an individual, or a group of people, to punish a criminal by themselves. Hence, "crimes of honor", i.e. the act of killing an offender who raped or committed adultery with one's female relative, along with the female herself if considered to be an accomplice in the perpetrated crime of adultery (or even accused to be so). Occasionally, the raped victim is killed in order to "wash the shame and dishonor" of the family. In this case, Islam punishes the one who killed the offender or/and the perpetrator by sentencing him to death. On the other hand, one is allowed for a human, once offended, to defend himself in order to preserve his own life, wealth and property, and honor. Prophet Muhammad (pbuh) said:

“Whoever is killed in defense of his property is a martyr, whoever is killed in defense of himself is a martyr, whoever is killed in defense of his religion is a martyr, and whoever is killed in defense of his family is a martyr.”[61]

Since the Islamic legal injunctions are aimed at achieving human welfare, they can all be referred back to universal principles, which are necessary for human welfare to be secured. These universal principles in Islam are:

1. The preservation of religion.

2. The preservation of life.

3. The preservation of reason.

4. The preservation of lineage.

5. The preservation of property.

The Islamic penal system is aimed at preserving these five universal necessities. For example: to preserve life, it prescribes the law of retribution, To preserve reason, it prescribes the punishment for drinking. To preserve lineage, it prescribes the punishment for fornication. To preserve wealth, it prescribes the punishment for theft. In addition, The Islamic penal system has many objectives, the most important of which are as follows:

1- Islam seeks to protect society from the dangers of crime. The punishment is intended to scold and restrain those who intend to carry out a certain crime. In other words, the severity of punishment will make them think "a thousand times" before taking a step into crime.

2- Islam seeks to reform the criminal. The Qur’an often makes mention of repentance in association with the crimes that it deals with, making it clear that the door to repentance is open whenever the criminal abandons his crime and behaves properly.[62] This objective is seen more frequently with regard to discretionary punishments, whereby it is incumbent upon the judge to take into consideration the circumstances of the criminal and what will insure his betterment.

3- The punishment is a recompense for the crime. It is undesirable to treat a criminal lightly who threatens the security of society with danger. The criminal should receive his just recompense as long as he is pleased with taking the path of evil instead of the path of righteousness. It is the right of society to be secure in its safety and the safety of its individual members.

Many precedents related to rape and its punishment from the early days of Islam, were narrated[63]. Punishment for rape, as well as any other crime, is based on evidence, the accused is innocent until proven guilty. The intention of the accused is also taken into consideration. A person who is forced or threatened to commit a crime is not punished like he who is perpetrating a crime with insistence. Prophet Muhammad (pbuh) said:

“The people of my ummah (nation) are not responsible for acts that they commit wrongfully, for acts that they do forgetfully, and for acts which they are forced beyond their abilities.”[64]

The punishment for rape in Islam is the same as the hadd (punishment) for zina (adultery or fornication), which is death if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married. The victim will not receive punishment, and will be recompensed for the damage. The renowned Imam Al-Shafi'i (born 150 Hijri) the founder of one of the big schools of jurisprudence said:

"If a man forces a woman (into zina: fornication), the haddd (capital punishment) must be applied to him but not to her because she was forced. She receives the dowry (compensation) of her equal whether she was a free women or a slave – her injury is to be compensated over as above the marriage dowry done to her…"[65]

Another early Muslim scholar Ibn `Abdul-Barr said:

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (that is, if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her. [Al-Istidhkaar, 7/146].

Concerning evidence on the crime of rape, the contemporary scholar Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

"A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus (responsibility) is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public.[66]

The Prophet (pbuh) said:

“The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”[67]

It is very likely that one of the reasons behind the large number of rape incidents is that such a crime is rarely punished in many countries. For example, in the U.S., less than half of those arrested for rape are convicted, 54% of all rape prosecutions end in either dismissal or acquittal. The conviction rate for those arrested for murder is 69% and all other felons is 54%. 21% of convicted rapists are never sentenced to jail or prison time, and 24% receive time in local jail which means that they spend an average of less than 11 months behind bars.[68] In the U.K., over two-thirds of cases dropped out at the police stage and did not make it as far as the courts. One quarter of incidents initially recorded as rape were subsequently 'no-crimed' by the police. Cases where the complainant and suspect were acquaintances were most likely to be 'no-crimed'.[69] Therefore, rape is taken lightly by these authorities, which will make the perpetrators feel more secure. On the other hand, it is doubtful that the rapists will feel the same if the act of rape will cost him his life.

Muslims living in a non-Islamic state

As for Muslims living in a non-Islamic state (one that does not implement shari'a), they still cannot perform punishment as individuals. They have to complain and report crimes and violations to the local authorities, which will take the needed steps by investigating and punishing the perpetrators. The Islamic preventive measures, in this situation, might not be applied by such a state. However, Muslims can apply them within their communities by enjoining what is right, forbidding what is wrong, and by forming pressure groups, and calling to the prohibition of what is considered illicit and harmful in Islam (such as the prohibition of indecent public advertisement, erotic media, pornography…)

Non-Muslims in an Islamic state

Non-Muslims living in an Islamic state are not to be discriminated against before the law. The laws derived from the Qur'an and the Sunnah guarantee their protection and rights.

{يَا أَيُّهَآ الَّذِينَ آمَنُواْ كُونُواْ قَوَّامِينَ للَّهِ شُهَدَآءَ بِالْقِسْطِ وَلاَ يَجْرِمَنَّكُمْ شَنَآنُ قَوْمٍ عَلَى أَلاَّ تَعْدِلُواْ اعْدِلُواْ هُوَ أَقْرَبُ لِلتَّقْوَى وَاتَّقُواْ اللَّهَ إِنَّ اللَّهَ خَبِيرٌ بِمَا تَعْمَلُونَ}

{O ye who believe! stand out firmly for Allah, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: and fear Allah. For Allah is well-Acquainted with all that ye do.}[70]

Another verse states that Muslims should rule justly among people, and not exclusively among themselves:

{إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤدُّواْ الأَمَانَاتِ إِلَى أَهْلِهَا وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَن تَحْكُمُواْ بِالْعَدْلِ إِنَّ اللَّهَ نِعِمَّا يَعِظُكُمْ بِهِ إِنَّ اللَّهَ كَانَ سَمِيعاً بَصِيراً}

{Allah doth command you to render back your trusts to those to whom they are due; And when ye judge between people that ye judge with justice: verily how excellent is the teaching which he giveth you! for Allah is he who heareth and seeth all things.}[71]

In an Islamic constitution derived from legislative sources, the laws concerning non-Muslims are the following:

Article 6

All citizens of the State shall be treated equally regardless of religion, race, color or any other matter. The State is forbidden to discriminate among its citizens in all matters, be it ruling or judicial, or caring of affairs.

Article 7

The State implements the Islamic law on all citizens who hold citizenship of the Islamic State, whether Muslims or not, in the following manner:

a. The Islamic law is implemented in its entirety, without exception, on all Muslims;

b. Non-Muslims are allowed to follow their own beliefs and worships.

…

d. In matters of food and clothing the non-Muslims are treated according to their religions within the limits allowed by ahkam shar’iah (Islamic rulings).

e. Marital affairs, including divorce, among non-Muslims are settled in accordance with their religions, but between non-Muslims and Muslims they are settled according to the divine law.

f. All the remaining shar'iah matters and rules, such as: the application of transactions, punishments and evidences (at court), the system of ruling and economics are implemented by the State upon everyone, Muslim and non-Muslim alike. This includes the people of treaties (muâaahid), the protected subjects (ahlu zimmah) and all who submit to the authority of Islam. The implementation on these people is the same as the implementation on the subjects of the State.[72]

Conclusion

After seeing how the Islamic system ensures the complete prevention from crimes and deviancies to the society under its rule, it is probable that one can consider such a rule to be utopian and too ideal. However, we can assume that due to its holism and comprehensiveness, Islam as a religion and a system can, when justly implemented, at least reduce the margin of crime and social ailments significantly. In addition to that assumption, numbers indicate that the states where the majority of citizens are practicing Muslims, and some of the above mentioned Islamic procedures and laws are applied, have a very low rate of rape per capita. For example, Indonesia, Yemen, and Saudi Arabia are at the 62nd (0.01 per 1,000 people), 63rd (0.004 per 1,000 people), and 65th (0.003 per 1,000 people) positions in the UN statistics[73]. The question is; will Islam be applied soon in our modern world, in order to practically prove its claims of social improvement? The coming days will tell us.

References

Abdullah Yusuf Ali, The Holy Qur'an, English Translation of Meanings and Commentary, Islamic Computing Centre, London, 1999.

Al- Shafi'i, Abu Abdullah Mohammad Idrris, Al Umm (an extended work in Islamic legislation and its sources), vol.6, Cairo, n.d.

Bart, P.B., & O'Brien, P. H, Pergamon, Stopping rape, NY, 1990.

David G. Myers, Social Psychology, 5th ed. McGraw-Hill, 1996.

Dr. Zakir Abdul Karim Naik, Answer to non-Muslims' common questions about Islam, .

Erich Goode (Ed.), Social Deviance, Ally and Bacony, 1996.

George Bernard Shaw, The Genuine Islam, London, (publisher and date unknown).

Harun Yahya, Miracles of the Qur'an, Al-Attique Publishers Inc., Toronto – Canada, 2001.

Hilgard's introduction to psychology, 13th ed., Harcourt, USA, 2000.

L. Lederer (Ed.), Take Back the Night: Women on pornography, Morrow, NY, 1980

Laila Mabruk, The Day of Rising, Dar al-Taqwa Ltd, 1997.

Lazarus, R. S. Constructs of the mind in mental health and psychotherapy. In A. Freeman, K. M. Simon, L. E. Buetler, and H. Arkowitz (Eds.), Comprehensive handbook of cognitive therapy. New York: Plenum, 1989.

Neil R. Carlson, Physiology of behavior, Allyn and Bacon, 1998.

Rape, Abuse & Incest National Network,

Samih Atef El-Zein, Whose Rule? (Translated by Muhammad Ali H. Fayoumi from Arabic: Li-man al hukm?), Dar al-Kitab al-Lubnani, Beirut, 1976.

Sue Sue & Sue, Understanding Abnormal Behavior, 7th ed., Houghton Mufflin Company, 2003.

Taqiuddin an-Nabahani, The System of Islam (Translated from the Arabic edition: Nidham ul Islam), Al-Khilafah Publications, London, 2002.

United Nations Office on Drugs and Crime, Centre for International Crime Prevention Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, covering the period 1998 – 2000.

Arabic References

القرآن الكريم

د. زهير رابح قرامي, الاستشفاء بالصلاة, هيئة الإعجاز العلمي في القرآن والسنة, مكة المكرمة, 1996

د. عثمان بن جمعة ضميرية, أثر العقيدة الإسلامية في اختفاء الجريمة, دار الأندلس الخضراء, جدة, 2000.

د. نهى القاطرجي, الاغتصاب؛ دراسة تاريخية نفسية اجتماعية, المؤسسة الجامعية للدراسات والنشر والتوزيع, بيروت, 2003.

موسوعة الحديث الشريف, شركة البرامج الإسلامية الدولية GISCO, الإصدار الثاني, 2000.

Feel free to contact me at saryfarah@

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[1] Sue Sue & Sue, Understanding Abnormal Behavior, 7th ed., Houghton Mufflin Company, 2003, p.336.

[2] Federal Bureau of Investigation [FBI], Uniform crime reports, 1991, Uniform crime reports for the United States, 1996, Washington D.C.; US senate Committee on the Judiciary, 1991.

[3] United Nations Office on Drugs and Crime, Centre for International Crime Prevention Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, covering the period 1998 – 2000.

[4] National Violence Against Women Survey, U.S., Nov.1998.

[5] Holmes, Melissa and Resnick, Heidi A. and Kirkpatrick, Dean G. and Best, Connie L. Rape-related Pregnancy: Estimates and Descriptive Characteristics from a National Sample of Women. 1996. American Journal of Obstetrics and Gynecology, Vol. 175, 2, pp. 320-325.

[6] Koss, Mary P., The Impact of Crime Victimization on Women's Medical Use. 1993. Journal of Women's Health, 2, 1, pp. 67-72.

[7] Rape in America: A Report to the Nation. 1992. National Victim Center and Crime Victims Research and Treatment Center, University of South Carolina, Charleston.

[8] Miller, Ted R., Cohen, Mark A. and Wierama, Brian. Victim Costs and Consequences: A New Look. 1996. U. S. Dept. of Justice, Office of Justice Programs, National Institute of Justice.

[9] George Bernard Shaw, The Genuine Islam-.078½ Ó Ù Ú [10]'TUVY\}~¦

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[11] The Holy Qur'an, English Translation of Meanings and Commentary, by Abdullah Yusuf Ali, Islamic Computing Centre, London, 1999, [2: 38].

[12] We = used here as a plural of majesty for God.

[13] The Qur'an [4: 163-164].

[14] The Qur'an [5: 3].

[15] Austrian statesman, journalist, former foreign correspondent for the Frankfurter Zeitung. He embraced Islam in 1926. Author of "Islam at the Crossroads" and "Road to Mecca" and translator of the Qur'an's meanings into German.

[16] The Qur'an [5: 15, 16].

[17] The scriptural sources of the Islamic law (shari'a) are: the Qur'an (God's word), and the prophetic tradition (sunnah). In addition to the scriptures, there are two agreed upon derived sources of Shariah: scholarly consensus (ijma`) and legal analogy (qiyas).

[18] Samih Atef El-Zein, Whose Rule? Translated from Arabic by Muhammad Ali H. Fayoumi, Dar al-Kitab al-Lubnani, Beirut, 1976, p. 7, 8.

13 Lazarus, R. S. (1989). Constructs of the mind in mental health and psychotherapy. In A. Freeman, K. M. Simon, L. E. Buetler, and H. Arkowitz (Eds.), Comprehensive handbook of cognitive therapy. New York: Plenum, p. 99.

[19] Extracted with modifications from: “The Day of Rising”, Laila Mabruk, Published by Dar al-Taqwa Ltd, 1997.

[20] The Qur'an [2: 281]

[21] The Qur'an [99: 7, 8]

[22] The Qur'an [2: 23, 24] [10: 38] [11: 13] [17: 88].

[23] The Qur'an [7: 157, 158] [29: 48] He used to recite the verses proclaiming his illiteracy. Had his contemporaries found a contradiction between what was recited and Muhammad's real status, they would have rejected his message altogether.

[24] Harun Yahya, Miracles of the Qur'an, Al-Attique Publishers Inc., Toronto – Canada, 2001.

[25] This statement was also declared by non-Muslim scientists from around the world:

Dr. T.V.N. Persaud is a Professor of Anatomy and Head of the Department of Anatomy, and a professor of Pediatrics and Child Health, University of Manitoba, Winnipeg, Manitoba, Canada. He is the author or editor of 25 books, and has published over 181 scientific papers. In 1991, he received the most distinguished award presented in the field of anatomy in Canada. He said: "It seems to me that Muhammad was a very ordinary man. He could not read or write. In fact, he was illiterate. We are talking about 1400 years ago. You have someone who was illiterate making profound pronouncement and statements and are amazingly accurate about scientific nature. I personally cannot see how this could be mere chance. There are too many accuracy’s and, like Dr. Moore, I have no difficulty in my mind in concerning that this is a divine inspiration or revelation which led him to these statements."

[26] The Qur'an [39: 53]

[27] For example: the daily five prayers and their distribution along the day: at dawn, noon, afternoon, sunset, night.

[28] The Qur'an [29: 45]

[29] د. زهير رابح قرامي, الاستشفاء بالصلاة, هيئة الإعجاز العلمي في القرآن والسنة, مكة المكرمة, 1996, ص. 211 – 215.

[30] Ibid. p. 219 – 224.

[31] Canon Taylor, Paper read before the Church Congress at Wolverhampton, Oct. 7, 1887; Quoted by Sir Thomas Arnold in The Preaching of Islam, pp. 71-72, emphasis added.

[32] In Islam, any sexual relation between a man and a woman should be preceded by a legal marriage.

[33] Narrated by Al-Bukhari: 1772, and Muslim: 2485.

[34] The Qur'an [7: 31]

[35] Narrated by Ahmad, Tirmidhi, and Ibn Maajah.

[36] Fasting Establishes Supremacy of The Soul, By Muhaddith Shah Waliyullâh

[37] Releaser: term used by ethologists for a stimulus that sets off a cycle of instinctive behavior [Hilgard's, 2000, p708]

[38] Neil R. Carlson, Physiology of behavior, Allyn and Bacon, 1998, ch. 10.

[39] The Qur'an [24: 30, 31]

[40] The Gospel according to Matthew 5: 27-29. 

[41] The Qur'an [33: 59]

[42] The releaser here = exposed parts of the female body released the behavior of harassment.

[43] Dr. Zakir Abdul Karim Naik, Answer to non-Muslims' common questions about Islam, .

[44] The Qur'an [24: 31]

[45] The Qur'an [33: 32]

[46] Bart, P.B. , & O'Brien, P. H, Pergamon, Stopping rape, NY,1990.

[47] Megee, M. (1984). On Television: The Violence Factor (video recording). San Francisco: California Newsreel. Mediascope National Television Violence Study, (1996).

And: Leonard Eron, Parent-Child Interaction, Television Violence and Aggression of Children 27 American Psychologist 197-211, (1982).

And: Jospehson, Wendy., Television Violence: A review of the Effects on Children of Different Ages, published by the Department of Canadian Heritage, February 1995.

[48] Erich Goode (Ed.), Social Deviance, Ally and Bacony, 1996, p. 289, 290.

[49] L. Lederer (Ed.), Take Back the Night: Women on pornography, Morrow, NY, 1980, p. 459.

[50] David G. Myers, Social Psychology, 5th ed. McGraw-Hill, 1996, p. 458.

[51] Ibid. p. 459.

[52] Erich Goode (Ed.), Social Deviance, p. 283.

[53] Ibid. p. 279.

[54] Sue Sue & Sue, Understanding Abnormal Behavior, 7th ed., p. 337.

[55] Ibid. p. 338. Also U.S. Bureau of Justice Statistics 1997, and

[56] Men who are not mentioned in Surah 24 verse 31, (e.g. cousins.)

[57] Narrated by Al-Bukhaari, al-Fath, 3006.

[58] Commentary by Sheikh Muhammed Salih Al-Munajjid, question 316, islam-

[59] An examples of such incidents: Woman, 21, raped while going home, Evening News - Scotland, December 19, 2003

[60] The Qur'an [57: 25]

[61] Narrated by Ahmad: 1565, and Ibn Hibban.

[62] The Qur'an [5: 33, 34]

[63] د. نهى القاطرجي, الاغتصاب؛ دراسة تاريخية نفسية اجتماعية, المؤسسة الجامعية للدراسات والنشر والتوزيع, بيروت, 2003.

[64] Narrated by Ibn Maajah, 2033. See also The Qur'an [16: 106]

[65] Al- Shafi'i, Abu Abdullah Mohammad Idrris, Al Umm (an extended work in Islamic legislation and its sources), vol.6, Cairo, p. 144.

[66] Excerpted, with slight modifications, from: muslims.ca

[67] Narrated by Al-Bayhaqi in his sunan 10/252

[68] The Response to Rape: Detours on the Road to Equal Justice. 1993. U.S. Congress. Report prepared by the Majority Staff of the Senate Judiciary Committee.

[69]

[70] The Qur'an [5: 8], see also [60: 7 – 9]

[71] The Qur'an [4: 58], (emphasis added)

[72] Taqiuddin an-Nabahani, The System of Islam (Translated from the Arabic edition: Nidham ul Islam), Al-Khilafah Publications, London, 2002, p. 116, 117. (with slight modification)

[73] United Nations Office on Drugs and Crime, Centre for International Crime Prevention Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Systems, covering the period 1998 – 2000.

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