Rape in Islamic law
Sexual violation as interpreted in Islamic theological jurisprudence
Rape in Islamic law
Rape in Islamic law (Sharia) is a violation of moral and divine law. Islam divides claims of sexual violation into 'divine rights' (huquq Allah) and 'interpersonal rights' (huquq al-'ibad): the former requiring divine punishment (hadd penalties) and the latter belonging to the more flexible human realm. Rape can be defined as: "Forcible illegal sexual intercourse by a man with a woman who is not legally married to him, without her free will and consent". The terms ghasaba and ightasaba have been used by traditional jurists when discussing sexual assault and its punishment. Most jurists hold that rape is committing zinā by force, hence rape is known as zinā bī al-ikrāh (Arabic: زنا بالإكراه). Al-Shāfi'ī defined rape as: "Forcing a woman to commit zinā against her will". To the Hanafis, illegal intercourse is considered rape when there is no consent and no deliberate action from the victim. In the Māliki view, rape refers to any kind of unlawful sexual intercourse (zina) by usurpation...
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