Religious Guidelines No: 29
Date: 10th of Jumādā al-Ūlā, 1443 H
Corresponding to 14th of December 2021

All praises be to Allāh. May Allāh’s blessings and peace be upon the Messenger of Allāh. To proceed:

The Bangsamoro Dārul-Iftā (BDI) has received an issue on ‘Rape’ and its concept, factors, harms, rulings, and treatment. Accordingly, the BDI would like to address this issue through the following points:

First: Allāh – Glory be to Him – commanded the son of Ᾱdam to satiate his desires from what is lawful and good, and He (Allāh) permitted what is lawful to human being that helps him to fill his desires. Allāh said: “Say (O Muhammad): “Who has forbidden the adoration with clothes given by Allāh, which He has produced for his slaves, and At-Taiyibat [all kinds of Halal (lawful) things] of food?” [Al-A’rāf: 32] So, any person has the right to enjoy and fulfil his instinct, provided that he does not go outside the legal framework. The Almighty said: “But the Monasticism which they invented for themselves, We did not prescribe for them…” [Al-Hadīd: 27] The Prophet (saws) forbade celibacy and abstaining from worldly desires. On the authority of Sa’ad bin Abi Waqqās – may Allāh be pleased with him – he said: “Allāh’s Messenger objected to ‘Uthman b. Maz’un living in celibacy. If he had given him permission we would have had ourselves castrated.” [Sahih al-Bukhari]
Second: Rape is the indecent assault of women under duress, or it is the illegal sexual intercourse between a man and a living woman through the vagina without her proper consent.

Third: Rape is one of the greatest sins, because it is attached to one of the major purposes of Shariah, which is the protection of honour and progeny. For that purpose, Islam prohibited adultery. The Almighty Allāh said: “Do not approach adultery, for it is an indecency and an evil way” [Al-Isrā: 32] Rape is more severe than adultery; because adultery is consensual. As for rape, it takes place against the female’s will, and it is a matter of coercion. The compulsion to commit disobedience causes the victim to be wronged, not participating in the act, and there is no sin upon her. That is why we find that all legislations, regulations and laws, old and new, all criminalize and condone this act, due to the robbery of freedom and waste of human dignity.