Dear TRS,
I refer to: Are Non-Malay Muslims More Tolerant of Child Rapes?
I am appalled by the article. One should always research before putting their thoughts on it. It is obvious that the writer did not do the research properly. Instead basing solely on what she read. Humans are the cause of all this. They twist and turn to suit their needs.
Here are the refutation thanks to Mr Omar Bamadhaj.
Obviously the article was written by a Malaysian as the cases qouted and the statistics provided are about Malaysia. So I am dumb founded as to why it is in The Real Singapore?
The comments by the Deputy Minister is an opinion of one individual (a stupid one I might add) and cannot be used to draw conclusion as the views of the general masses thus rendering the title and the article itself as irrelevant.
For the information of all, the Shariah court in Singapore is restricted to only managing marriage, divorces and the management of burial of the dead. Pathetic isn't it? So it is not considered the Laws legislated by The Supreme Legislator to govern the affairs of Muslims. While the Shariah courts in Malaysia do not, I repeat DO NOT comply fully with Laws of the Lord of the Universe even though it claimed to be an Islamic Country. The laws pertaining to the Hadd punishments of Hudud and Qisas have been changed and modified as if to please the world instead of the Creator, King of Kings and The Lord of the World, Allah The Most Just. Who can be more just than The Most Just of all the judges? The people responsible for these indespicable state of affairs will definitely be brought to account.
The true and unadulterated Laws of Islam governing the crime of rape as legislated by Allah and His Messenger are as what follows:-
The Arabic word "ightisaab" refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape). This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages are proven and they are accompanied by nothing but humiliation and suffering for the woman.
Islam has a clear stance which states that this repugnant action is Haram and imposes a deterrent punishment on the one who commits it.
Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.
The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as to no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement!
In America, for example, International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?
The punishment for rape in Islam is same as the punishment for zina, which is stoning till death if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married. Some scholars also say that he is required to pay a mahr to the woman.
Imam Maalik (may Allah 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 Allah 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-Shafi’e, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allah be pleased with him).
Cont'd below....
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 Allah 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."
[Al-Muntaha Sharh al-Muwatta’, 5/268, 269]
Ibn ‘Abd al-Barr (may Allah have mercy on him) 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 (i.e., 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, which may be proven by her screaming and shouting for help."
[Al-Istidhkaar, 7/146]
Secondly:
The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allaah says (interpretation of the meaning):
“The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter”
[Surah al-Maaidah V:33]
So the judge has the choice of the four punishments mentioned in this verse, 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.
As mentioned earlier, the punishment of the perpetrator (rapists) marrying the victim is not Allah's Law. It is man made and done supposedly to cover the shame by the victim's family or the worry that the girl might not be able to get married. What a heinious crime this is to the poor girl. This is what happens when humans uses their own opinion to legislate what was not legislated by Allah.
As to the legal age of marriage, there are no age restriction in Islam either to the girl or boy as long as they have reached the age of puberty. In Islam, a marriage is solemnised as long as there is a Wali and two witnesses and consent must be sought from the bride. The wisdom behind this is to prevent fornication. As the saying goes "Prevention is better than cure."
As for the Messenger of Allah (may the peace and blessings of Allah be upon him), whatever he does it is a command from Allah, The Most Gracious, The Most High.
And Allah knows best.
I hope this will bring light to the audacious article.
Rgds
Samir Abdat
TRS Contributor