Islamic Sexual Jurisprudence - Rape

Rape

Rape is forbidden under Islamic law. It is defined as having extramarital intercourse by force or fear. According to Islamic law (sharia) it is classified as hirabah, or violent crime under a category of causing disorder in the land due to Qur'an ordinances about those who create anarchy (Arabic: fasad), similar to highway robbery as it puts fear in people going out or losing their property through fear of violence. Some other branches of Islamic law consider it to be part of zina, as a crime called forced adultery (zina-bil-jabr). Rape is punishable by stoning to death in Sharia law.

Under Islam sex is regarded as loving act within marriage and should be by mutual consent however there is no concept of rape within marriage in sharia; a wife is deemed to have accepted conjugal relations as part of the marriage contract. She can only refuse on grounds which are specified as prohibited for sexual intercourse such as when she is fasting, menstruating, or undergoing post-natal puerperal discharge, or whilst on Hajj or Umrah.

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