RAPE

[Rigel]

Helllo,

What is the punishment for rapist in islam ?

[AhmedBahgat]

[AhmedBahgat]

[AhmedBahgat]

Salam All,

The subject of Rape is always used by the enemy of Islam trying hard to fault this great religion, they either allege any of the followings or both:

1) The Quran allows rape
2) The Quran does not state a punishment for rape

IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??m not going to discuss the first allegation in details, however their allegation regarding this issue is solely based on their ignorance to the meaning of the Arabic words Ma Malakat Aymanikum, they think that these words means Prisoners of War, the Quran exposes their ignorance fair and square, this is because the Quran use of the words Ma Malakat Aymanikum clearly show that it does not mean Prisoners of War, What IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??m going to talk about today is their second allegation which is The Quran does not state a punishment for rape, let me first confirm that the Arabic word for Punishment is جَزَاء , Gazaa, an example is the verse about punishing the thieves:

And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah; and Allah is Mighty, Wise.
[The Quran ; 5:38]

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاء بِمَا كَسَبَا نَكَالاً مِّنَ اللّهِ وَاللّهُ عَزِيزٌ حَكِيمٌ (38)

-> See the words فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاء بِمَا كَسَبَا , ie. cut off their hands as a punishment for what they have earned

Let me now ask everyone, is theft considered an act of mischief-making on earth?, well, I say it has to be, in fact it is the most common mischief-making on earth, in this act, a person hurts another by taking their possessions, in fact I believe that most humans (a very high percentage including myself) stole (at least) once in their lives, some even do it without realizing that they are committing theft.

Mischief making on earth is any deliberate act that is committed by any human and consequently causes a loss to another human (the loss can be either physical or mental). This must cover all crimes that we classify as crimes, including murder, theft, car jacking, terrorism, rape, and even lying if it causes losses to others, I will leave your imagination to think about all those acts of crimes which (all) are classified as MICHIEF IN THE LAND, that is why we have the law of the land to protect us against all those acts of mischief committed by criminals.

To describe a person who causes mischief in the land, you call him/her Muffsid مُفْسِدَُ , or you may call him/her Fasid فاسد , both mean mischief makerwe can add another two words فِي الأَرْضِ Fi Al Ard, ie. in the land or more accurately on earth to any of these two words (Muffsid & Fasid) to be more specific that the mischief caused is committed on earth.

The words should look like this:

- مُفْسِدَُ فِي الأَرْضِ , Muffsid Fi Al Ard, ie. mischief maker on earth
- فاسد فِي الأَرْضِ , Fasid Fi Al Ard, ie. mischief maker on earth

However we can omit the words فِي الأَرْضِ Fi Al Ard, ie. on earth and the context should still be understood as being on earth because we are not living on mars, got it?

Before I continue on, I have to explain a very important point, there is another word to describes a Muffsid, a mischief maker, the word is Muttad معتد , ie transgressor or perpetrator, the corresponding word for Fasid is Aadi عادي , ie transgressor or perpetrator, what should be noted is this:

Every Muffsid is Muttad but not every Muttad is Muffsid

Ie.

Every mischief maker is transgressor but not every transgressor is mischief maker

Ie, Allah allows the humans to transgress in reply to transgression that been inflicted upon them , let�?????�????�???�??�?�¢??s look at the following verse:

The Sacred month for the sacred month and all sacred things are (under the law of) retaliation; whoever then acts aggressively against you, inflict injury on him according to the injury he has inflicted on you and be careful (of your duty) to Allah and know that Allah is with those who guard (against evil).
[The Quran ; 2:194]

الشَّهْرُ الْحَرَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُرُمَاتُ قِصَاصٌ فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ مَعَ الْمُتَّقِينَ (194)

-> See, فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ وَاتَّقُواْ اللّهَ , ie. whoever then acts aggressively against you, inflict injury on him according to the injury he has inflicted on you and be careful (of your duty) to Allah

ie. if the act of aggression was not in reply to an act of aggression then it has to be an act of mischief making in the land, the following verse confirms what I just said:

And fight in the way of Allah with those who fight with you, and do not transgress , surely Allah does not love the transgressors.
[The Quran ; 2:190]

وَقَاتِلُواْ فِي سَبِيلِ اللّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلاَ تَعْتَدُواْ إِنَّ اللّهَ لاَ يُحِبِّ الْمُعْتَدِينَ (190)

-> See, fight in the way of Allah with those who fight with you, and do not transgress , surely Allah does not love the transgressors.

The above point is very important to understand because the act of transgression is not exclusive to attacking another person land, rather attacking any person, in fact the Arabic words for rape are اعتداء جنسي IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??tidaa Ginsi, as you can see, it is 2 words, the main word is the first one IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??tidaa which means transgression, the second word means sex, i.e. transgression in relation to sex

Going back to the first point that I made that any act of causing anyone a loss is an act of mischief in the land, in the following verses the Quran confirms that theft is an act of mischief on earth:

73: They said: By Allah! you know for certain that we have not come to make mischief in the land, and we are not thieves.
[The Quran ; 12:73]

قَالُواْ تَاللّهِ لَقَدْ عَلِمْتُم مَّا جِئْنَا لِنُفْسِدَ فِي الأَرْضِ وَمَا كُنَّا سَارِقِينَ (73)

-> See above, when the brothers of prophet Yusuf were accused of theft, they replied: مَّا جِئْنَا لِنُفْسِدَ فِي الأَرْضِ وَمَا كُنَّا سَارِقِينَ , Ma GeÃ??????Ã?????Ã????Ã???Ã??Ã?¢??inna Li Nuffsid Fi Al Ard Wa Ma Kunna Sareqin, ie. we have not come to make mischief in the land, and we are not thieves, clearly theft is an act of mischief making in the land (on earth)

Here is another example of mischief making in the land (on earth):

And, O my people! give full measure and weight fairly, and defraud not men their things, and do not act corruptly in the land, making mischief:
[The Quran ; 11:85]

وَيَا قَوْمِ أَوْفُواْ الْمِكْيَالَ وَالْمِيزَانَ بِالْقِسْطِ وَلاَ تَبْخَسُواْ النَّاسَ أَشْيَاءهُمْ وَلاَ تَعْثَوْاْ فِي الأَرْضِ مُفْسِدِينَ (85)

-> Prophet Shauib was sent to a people who were traders, they used to defraud their customers when they measure or weight the products the customers buy, on the other hand when those frauds measure or weight what they buy for themselves, they make sure that it is fairly measured or weighted, is this an act of mischief in the land?, of course it has to be , see what prophet Shauib said to those frauds: And, O my people! give full measure and weight fairly, and defraud not men their things, and do not act corruptly in the land, making mischief, see, another act of mischief in the land

Gog and Magog are also another example to those who make mischief in the land:

They said: O Zulqarnain! surely Gog and Magog make mischief in the land. Shall we then pay you a tribute on condition that you should raise a barrier between us and them
[The Quran ; 18:94]

قَالُوا يَا ذَا الْقَرْنَيْنِ إِنَّ يَأْجُوجَ وَمَأْجُوجَ مُفْسِدُونَ فِي الْأَرْضِ فَهَلْ نَجْعَلُ لَكَ خَرْجًا عَلَى أَن تَجْعَلَ بَيْنَنَا وَبَيْنَهُمْ سَدًّا (94)

-> See, يَأْجُوجَ وَمَأْجُوجَ مُفْسِدُونَ فِي الْأَرْضِ, surely Gog and Magog make mischief in the land

The following example caught my eyes, I was watching Crime Scene Investigators (Australia) on Foxtel the other day and it was about serial killers (David & Catherine Birnie) - http://www.francesfarmersrevenge.com/stuff/serialkillers/birnie.htm who terrorised young women in Perth �?????�????�???�??�?�¢?? Australia in 1987, they raped and murdered 4 young girls in the most horrifying way, after watching the show I searched the net and read more about them, here is what someone who knew David Bernie has to say about him:

Having known David Birnie for a number of years before he committed suicide, it was hard to believe he was one of this country�?????�????�???�??�?�¢??s worst murderers. The small-stature vegetarian appeared as someone who would not harm a fly. He could be charming and extremely polite. Yet behind the friendly exterior beat the heart of a savage and violent killer. He shirked the tag of serial killer, preferring instead to refer to his crimes as a six-week 'rampage' that ended the lives of several young innocent women.
http://www.thecrimeweb.com/David%20and%20Catherine%20Birnie.htm

And that is exactly how the Quran described someone like David Birnie:

204: There is the type of man whose speech about this world's life May dazzle you, and he calls Allah to witness about what is in his heart; yet is he the most contentious of enemies.

205: And when he turns back, he runs along in the land that he may cause mischief in it and destroy the tilth and the stock, and Allah does not love mischief-making.
[The Quran ; 2:204-205]

وَمِنَ النَّاسِ مَن يُعْجِبُكَ قَوْلُهُ فِي الْحَيَاةِ الدُّنْيَا وَيُشْهِدُ اللّهَ عَلَى مَا فِي قَلْبِهِ وَهُوَ أَلَدُّ الْخِصَامِ (204)
وَإِذَا تَوَلَّى سَعَى فِي الأَرْضِ لِيُفْسِدَ فِيِهَا وَيُهْلِكَ الْحَرْثَ وَالنَّسْلَ وَاللّهُ لاَ يُحِبُّ الفَسَادَ (205)

-> See, There is the type of man whose speech about this world's life May dazzle you, then And when he turns back, he runs along in the land that he may cause mischief in it and destroy the tilth and the stock, EXACTLY as rapist and serial killer David Birnie was, can you see how the verse ended: َاللّهُ لاَ يُحِبُّ الفَسَادَ , Allah does not love mischief-making., EXACTLY as He told us that He does not love the transgressors in 2:190, let me put it under each other so you can compare:

> 2:190, اللّهَ لاَ يُحِبِّ الْمُعْتَدِينَ Allah La Yuhib Al Muttadin, ie. Allah does not love the transgressors
> 2:205, اللّهُ لاَ يُحِبُّ الفَسَادَ Allah La Yuhib Al Fasad Allah does not love mischief-making

Can you see the relation between mischief making and transgression?

This relation can be seen in the following verses:

55: Call on your Lord humbly and secretly; surely He does not love those who are transgressors

56: And do not make mischief in the earth after its reformation, and call on Him fearing and hoping; surely the mercy of Allah is nigh to those who do good (to others).
[The Quran ; 7:55-56]

ادْعُواْ رَبَّكُمْ تَضَرُّعًا وَخُفْيَةً إِنَّهُ لاَ يُحِبُّ الْمُعْتَدِينَ (55)
وَلاَ تُفْسِدُواْ فِي الأَرْضِ بَعْدَ إِصْلاَحِهَا وَادْعُوهُ خَوْفًا وَطَمَعًا إِنَّ رَحْمَتَ اللّهِ قَرِيبٌ مِّنَ الْمُحْسِنِينَ (56)

-> In verse 7:55 Allah is telling us that: إِنَّهُ لاَ يُحِبُّ الْمُعْتَدِينَ , ie. He does not love those who are transgressors , then straight told us in 7:56 وَلاَ تُفْسِدُواْ فِي الأَرْضِ بَعْدَ إِصْلاَحِهَا , ie. And do not make mischief in the earth after its reformation

Another example of mischief makers is those 9 men during prophet Salih time, the 9 men who killed the She Camel that was sent as a sign to them:

And there were in the city nine persons who made mischief in the land and did not act aright.
[The Quran ; 27:48]

وَكَانَ فِي الْمَدِينَةِ تِسْعَةُ رَهْطٍ يُفْسِدُونَ فِي الْأَرْضِ وَلَا يُصْلِحُونَ (48)

-> See how those turds were described, يُفْسِدُونَ فِي الْأَرْضِ , ie. who made mischief in the land

Another obvious example to a mischief maker was Firon, the Quran told us that he was raping the women of the Jews after killing their men:

So when he brought to them the truth from Us, they said: Slay the sons of those who believe with him and keep their women alive; and the struggle of the unbelievers will only come to a state of perdition.
[The Quran ; 40:25]

فَلَمَّا جَاءهُم بِالْحَقِّ مِنْ عِندِنَا قَالُوا اقْتُلُوا أَبْنَاء الَّذِينَ آمَنُوا مَعَهُ وَاسْتَحْيُوا نِسَاءهُمْ وَمَا كَيْدُ الْكَافِرِينَ إِلَّا فِي ضَلَالٍ (25)

-> See اقْتُلُوا أَبْنَاء الَّذِينَ آمَنُوا مَعَهُ وَاسْتَحْيُوا نِسَاءهُمْ, ie. Slay the sons of those who believe with him and keep their women alive, ironically the Bible is telling us that it was not Firon who said so rather Moses himself who said so which is a clear cut lie of course, because the Quran is here to qualify what the bible says and in this case the bible can not be true.

Obviously keeping the women for themselves to rape them is an act of mischief making:

What! now! and indeed you disobeyed before and you were of the mischief-makers.
[The Quran ; 10:91]

آلآنَ وَقَدْ عَصَيْتَ قَبْلُ وَكُنتَ مِنَ الْمُفْسِدِينَ (91)

-> See how Firon was decribed: وَكُنتَ مِنَ الْمُفْسِدِينَ Wa Kunt Min Al Mufssidin ie. and you were of the mischief-makers

Again Firon and his people were mischief makers because they used to kill the males of the Jews and keep their women for themselves to rape:

Surely Firon exalted himself in the land and made its people into parties, weakening one party from among them; he slaughtered their sons and let their women live; surely he was one of the mischief-makers.
[The Quran ; 28:4]

إِنَّ فِرْعَوْنَ عَلَا فِي الْأَرْضِ وَجَعَلَ أَهْلَهَا شِيَعًا يَسْتَضْعِفُ طَائِفَةً مِّنْهُمْ يُذَبِّحُ أَبْنَاءهُمْ وَيَسْتَحْيِي نِسَاءهُمْ إِنَّهُ كَانَ مِنَ الْمُفْسِدِينَ (4)

-> See how Firon was described وَيَسْتَحْيِي نِسَاءهُمْ إِنَّهُ كَانَ مِنَ الْمُفْسِدِينَ , ie. and let their women live; surely he was one of the mischief-makers. , obviously he was not keeping their women to live as a mercy rather to slave and rape them.

Now, the Quran is clear in two location that sourcing sex in anyway outside the marriage lock or outside Ma Malakat Aymanikum permission is classified as an act of I�?????�????�???�??�?�¢??tidaa, i.e. transgression:

5: And who guard their private parts,

6: Except before their mates or those whom their right hands possess, for they surely are not blameable,

7: But whose who desire beyond that, such are transgressors
[The Quran ; 23:5-7]

وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ (5)
إِلَّا عَلَى أَزْوَاجِهِمْ أوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ (6)
فَمَنِ ابْتَغَى وَرَاء ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَ (7)

-> See how those who source sex outside what is allowed are described: فَمَنِ ابْتَغَى وَرَاء ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَ But whose who desire beyond that, such are transgressors, and because this act of transgression has to be an act of mischief- making in the land. This act of IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??tidaa must cover RAPE.

The same exact warning is repeated in another location:

29: And those who guard their private parts,

30: in the case of their wives or those whom their right hands possess-- for these surely are not to be blamed,

31: But those who trespass beyond this are transgressors;-
[The Quran ; 70:29-31]

وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ (29)
إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ (30)
فَمَنِ ابْتَغَى وَرَاء ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَ (31)


From all the above we have to conclude the following:

Rape = an act of sourcing sex outside the marriage lock and outside Ma Malakat Aymanikum permission = an act of transgression = an act of mischief making in the land

Now if the Quran has specified a punishment جَزَاء , Gazaa for mischief-making in the land then logically speaking it may be considered as a punishment for rape, letÃ??????Ã?????Ã????Ã???Ã??Ã?¢??s look at the following verses:

33: The punishment of those who wage war against Allah and His messenger and strive to make mischief in the land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or they should be imprisoned; this shall be as a disgrace for them in this world, and in the hereafter they shall have a grievous chastisement,

34: Except those who repent before you have them in your power; so know that Allah is Forgiving, Merciful.
[The Quran ; 5:33-34]

إِنَّمَا جَزَاء الَّذِينَ يُحَارِبُونَ اللّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الأَرْضِ فَسَادًا أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلافٍ أَوْ يُنفَوْاْ مِنَ الأَرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الآخِرَةِ عَذَابٌ عَظِيمٌ (33)
إِلاَّ الَّذِينَ تَابُواْ مِن قَبْلِ أَن تَقْدِرُواْ عَلَيْهِمْ فَاعْلَمُواْ أَنَّ اللّهَ غَفُورٌ رَّحِيمٌ (34)

-> Verse 5:33 is talking about the punishment of two crimes, here is the two crimes:

A) wage war against Allah and His messenger
B) and strive to make mischief in the land, َيَسْعَوْنَ فِي الأَرْضِ فَسَادًا Yasoon Fi Al Ard Fasada

Note: the above two crimes can be also understood as one crime, i.e. fighting Allah and His messenger is considered Fasad Fi Al Ard, however (and this is an important however), understanding it as it means two crimes is still valid and cause no contradiction in the grammar nor the Quran context as a whole, I firmly believe that taking it as a one specific crime (fighting Allah and His messenger) and another general crime (strife to make mischief in the land) is more valid because Allah has given us 4 options of punishment:

- The punishments for the crime(s) mentioned in 5:33 are:

A) they should be murdered
B) or crucified
C) or their hands and their feet should be cut off on opposite sides
D) or they should be imprisoned

From all the above, it is absolutely valid to consider a rapist as one who is seeking sex outside what the Quran allows, as well it is valid to consider the act of rape I�?????�????�???�??�?�¢??tidaa Ginsi aggression involving sex as an act of mischief making in the land, and because 5:33 has specified 4 options to punish those who make mischief in the land, then it is 100% valid to use any of those punishments to punish any rapist and based on the amount of mischief they make, for example someone may rape one person with little amount of violence while another torture his victim without killing her and a third may torture, rape then kill his victim, and surrey others will do it more than once, David & Catherine Birnie are good examples of such mischief-makers and if I have the power to choose which one of the above 4 punishments to inflict on them, I would have gone for option A

Salam

[AhmedBahgat]

Salam All,

The subject of Rape is always used by the enemy of Islam trying hard to fault this great religion, they either allege any of the followings or both:

1) The Quran allows rape
2) The Quran does not state a punishment for rape

IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??m not going to discuss the first allegation in details, however their allegation regarding this issue is solely based on their ignorance to the meaning of the Arabic words Ma Malakat Aymanikum, they think that these words means Prisoners of War, the Quran exposes their ignorance fair and square, this is because the Quran use of the words Ma Malakat Aymanikum clearly show that it does not mean Prisoners of War, What IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??m going to talk about today is their second allegation which is The Quran does not state a punishment for rape, let me first confirm that the Arabic word for Punishment is جَزَاء , Gazaa, an example is the verse about punishing the thieves:

And (as for) the man who steals and the woman who steals, cut off their hands as a punishment for what they have earned, an exemplary punishment from Allah; and Allah is Mighty, Wise.
[The Quran ; 5:38]

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاء بِمَا كَسَبَا نَكَالاً مِّنَ اللّهِ وَاللّهُ عَزِيزٌ حَكِيمٌ (38)

-> See the words فَاقْطَعُواْ أَيْدِيَهُمَا جَزَاء بِمَا كَسَبَا , ie. cut off their hands as a punishment for what they have earned

Let me now ask everyone, is theft considered an act of mischief-making on earth?, well, I say it has to be, in fact it is the most common mischief-making on earth, in this act, a person hurts another by taking their possessions, in fact I believe that most humans (a very high percentage including myself) stole (at least) once in their lives, some even do it without realizing that they are committing theft.

Mischief making on earth is any deliberate act that is committed by any human and consequently causes a loss to another human (the loss can be either physical or mental). This must cover all crimes that we classify as crimes, including murder, theft, car jacking, terrorism, rape, and even lying if it causes losses to others, I will leave your imagination to think about all those acts of crimes which (all) are classified as MICHIEF IN THE LAND, that is why we have the law of the land to protect us against all those acts of mischief committed by criminals.

To describe a person who causes mischief in the land, you call him/her Muffsid مُفْسِدَُ , or you may call him/her Fasid فاسد , both mean mischief makerwe can add another two words فِي الأَرْضِ Fi Al Ard, ie. in the land or more accurately on earth to any of these two words (Muffsid & Fasid) to be more specific that the mischief caused is committed on earth.

The words should look like this:

- مُفْسِدَُ فِي الأَرْضِ , Muffsid Fi Al Ard, ie. mischief maker on earth
- فاسد فِي الأَرْضِ , Fasid Fi Al Ard, ie. mischief maker on earth

However we can omit the words فِي الأَرْضِ Fi Al Ard, ie. on earth and the context should still be understood as being on earth because we are not living on mars, got it?

Before I continue on, I have to explain a very important point, there is another word to describes a Muffsid, a mischief maker, the word is Muttad معتد , ie transgressor or perpetrator, the corresponding word for Fasid is Aadi عادي , ie transgressor or perpetrator, what should be noted is this:

Every Muffsid is Muttad but not every Muttad is Muffsid

Ie.

Every mischief maker is transgressor but not every transgressor is mischief maker

Ie, Allah allows the humans to transgress in reply to transgression that been inflicted upon them , let�?????�????�???�??�?�¢??s look at the following verse:

The Sacred month for the sacred month and all sacred things are (under the law of) retaliation; whoever then acts aggressively against you, inflict injury on him according to the injury he has inflicted on you and be careful (of your duty) to Allah and know that Allah is with those who guard (against evil).
[The Quran ; 2:194]

الشَّهْرُ الْحَرَامُ بِالشَّهْرِ الْحَرَامِ وَالْحُرُمَاتُ قِصَاصٌ فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ وَاتَّقُواْ اللّهَ وَاعْلَمُواْ أَنَّ اللّهَ مَعَ الْمُتَّقِينَ (194)

-> See, فَمَنِ اعْتَدَى عَلَيْكُمْ فَاعْتَدُواْ عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ وَاتَّقُواْ اللّهَ , ie. whoever then acts aggressively against you, inflict injury on him according to the injury he has inflicted on you and be careful (of your duty) to Allah

ie. if the act of aggression was not in reply to an act of aggression then it has to be an act of mischief making in the land, the following verse confirms what I just said:

And fight in the way of Allah with those who fight with you, and do not transgress , surely Allah does not love the transgressors.
[The Quran ; 2:190]

وَقَاتِلُواْ فِي سَبِيلِ اللّهِ الَّذِينَ يُقَاتِلُونَكُمْ وَلاَ تَعْتَدُواْ إِنَّ اللّهَ لاَ يُحِبِّ الْمُعْتَدِينَ (190)

-> See, fight in the way of Allah with those who fight with you, and do not transgress , surely Allah does not love the transgressors.

The above point is very important to understand because the act of transgression is not exclusive to attacking another person land, rather attacking any person, in fact the Arabic words for rape are اعتداء جنسي IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??tidaa Ginsi, as you can see, it is 2 words, the main word is the first one IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??tidaa which means transgression, the second word means sex, i.e. transgression in relation to sex

Going back to the first point that I made that any act of causing anyone a loss is an act of mischief in the land, in the following verses the Quran confirms that theft is an act of mischief on earth:

73: They said: By Allah! you know for certain that we have not come to make mischief in the land, and we are not thieves.
[The Quran ; 12:73]

قَالُواْ تَاللّهِ لَقَدْ عَلِمْتُم مَّا جِئْنَا لِنُفْسِدَ فِي الأَرْضِ وَمَا كُنَّا سَارِقِينَ (73)

-> See above, when the brothers of prophet Yusuf were accused of theft, they replied: مَّا جِئْنَا لِنُفْسِدَ فِي الأَرْضِ وَمَا كُنَّا سَارِقِينَ , Ma GeÃ??????Ã?????Ã????Ã???Ã??Ã?¢??inna Li Nuffsid Fi Al Ard Wa Ma Kunna Sareqin, ie. we have not come to make mischief in the land, and we are not thieves, clearly theft is an act of mischief making in the land (on earth)

Here is another example of mischief making in the land (on earth):

And, O my people! give full measure and weight fairly, and defraud not men their things, and do not act corruptly in the land, making mischief:
[The Quran ; 11:85]

وَيَا قَوْمِ أَوْفُواْ الْمِكْيَالَ وَالْمِيزَانَ بِالْقِسْطِ وَلاَ تَبْخَسُواْ النَّاسَ أَشْيَاءهُمْ وَلاَ تَعْثَوْاْ فِي الأَرْضِ مُفْسِدِينَ (85)

-> Prophet Shauib was sent to a people who were traders, they used to defraud their customers when they measure or weight the products the customers buy, on the other hand when those frauds measure or weight what they buy for themselves, they make sure that it is fairly measured or weighted, is this an act of mischief in the land?, of course it has to be , see what prophet Shauib said to those frauds: And, O my people! give full measure and weight fairly, and defraud not men their things, and do not act corruptly in the land, making mischief, see, another act of mischief in the land

Gog and Magog are also another example to those who make mischief in the land:

They said: O Zulqarnain! surely Gog and Magog make mischief in the land. Shall we then pay you a tribute on condition that you should raise a barrier between us and them
[The Quran ; 18:94]

قَالُوا يَا ذَا الْقَرْنَيْنِ إِنَّ يَأْجُوجَ وَمَأْجُوجَ مُفْسِدُونَ فِي الْأَرْضِ فَهَلْ نَجْعَلُ لَكَ خَرْجًا عَلَى أَن تَجْعَلَ بَيْنَنَا وَبَيْنَهُمْ سَدًّا (94)

-> See, يَأْجُوجَ وَمَأْجُوجَ مُفْسِدُونَ فِي الْأَرْضِ, surely Gog and Magog make mischief in the land

The following example caught my eyes, I was watching Crime Scene Investigators (Australia) on Foxtel the other day and it was about serial killers (David & Catherine Birnie) - http://www.francesfarmersrevenge.com/stuff/serialkillers/birnie.htm who terrorised young women in Perth �?????�????�???�??�?�¢?? Australia in 1987, they raped and murdered 4 young girls in the most horrifying way, after watching the show I searched the net and read more about them, here is what someone who knew David Bernie has to say about him:

Having known David Birnie for a number of years before he committed suicide, it was hard to believe he was one of this country�?????�????�???�??�?�¢??s worst murderers. The small-stature vegetarian appeared as someone who would not harm a fly. He could be charming and extremely polite. Yet behind the friendly exterior beat the heart of a savage and violent killer. He shirked the tag of serial killer, preferring instead to refer to his crimes as a six-week 'rampage' that ended the lives of several young innocent women.
http://www.thecrimeweb.com/David%20and%20Catherine%20Birnie.htm

And that is exactly how the Quran described someone like David Birnie:

204: There is the type of man whose speech about this world's life May dazzle you, and he calls Allah to witness about what is in his heart; yet is he the most contentious of enemies.

205: And when he turns back, he runs along in the land that he may cause mischief in it and destroy the tilth and the stock, and Allah does not love mischief-making.
[The Quran ; 2:204-205]

وَمِنَ النَّاسِ مَن يُعْجِبُكَ قَوْلُهُ فِي الْحَيَاةِ الدُّنْيَا وَيُشْهِدُ اللّهَ عَلَى مَا فِي قَلْبِهِ وَهُوَ أَلَدُّ الْخِصَامِ (204)
وَإِذَا تَوَلَّى سَعَى فِي الأَرْضِ لِيُفْسِدَ فِيِهَا وَيُهْلِكَ الْحَرْثَ وَالنَّسْلَ وَاللّهُ لاَ يُحِبُّ الفَسَادَ (205)

-> See, There is the type of man whose speech about this world's life May dazzle you, then And when he turns back, he runs along in the land that he may cause mischief in it and destroy the tilth and the stock, EXACTLY as rapist and serial killer David Birnie was, can you see how the verse ended: َاللّهُ لاَ يُحِبُّ الفَسَادَ , Allah does not love mischief-making., EXACTLY as He told us that He does not love the transgressors in 2:190, let me put it under each other so you can compare:

> 2:190, اللّهَ لاَ يُحِبِّ الْمُعْتَدِينَ Allah La Yuhib Al Muttadin, ie. Allah does not love the transgressors
> 2:205, اللّهُ لاَ يُحِبُّ الفَسَادَ Allah La Yuhib Al Fasad Allah does not love mischief-making

Can you see the relation between mischief making and transgression?

This relation can be seen in the following verses:

55: Call on your Lord humbly and secretly; surely He does not love those who are transgressors

56: And do not make mischief in the earth after its reformation, and call on Him fearing and hoping; surely the mercy of Allah is nigh to those who do good (to others).
[The Quran ; 7:55-56]

ادْعُواْ رَبَّكُمْ تَضَرُّعًا وَخُفْيَةً إِنَّهُ لاَ يُحِبُّ الْمُعْتَدِينَ (55)
وَلاَ تُفْسِدُواْ فِي الأَرْضِ بَعْدَ إِصْلاَحِهَا وَادْعُوهُ خَوْفًا وَطَمَعًا إِنَّ رَحْمَتَ اللّهِ قَرِيبٌ مِّنَ الْمُحْسِنِينَ (56)

-> In verse 7:55 Allah is telling us that: إِنَّهُ لاَ يُحِبُّ الْمُعْتَدِينَ , ie. He does not love those who are transgressors , then straight told us in 7:56 وَلاَ تُفْسِدُواْ فِي الأَرْضِ بَعْدَ إِصْلاَحِهَا , ie. And do not make mischief in the earth after its reformation

Another example of mischief makers is those 9 men during prophet Salih time, the 9 men who killed the She Camel that was sent as a sign to them:

And there were in the city nine persons who made mischief in the land and did not act aright.
[The Quran ; 27:48]

وَكَانَ فِي الْمَدِينَةِ تِسْعَةُ رَهْطٍ يُفْسِدُونَ فِي الْأَرْضِ وَلَا يُصْلِحُونَ (48)

-> See how those turds were described, يُفْسِدُونَ فِي الْأَرْضِ , ie. who made mischief in the land

Another obvious example to a mischief maker was Firon, the Quran told us that he was raping the women of the Jews after killing their men:

So when he brought to them the truth from Us, they said: Slay the sons of those who believe with him and keep their women alive; and the struggle of the unbelievers will only come to a state of perdition.
[The Quran ; 40:25]

فَلَمَّا جَاءهُم بِالْحَقِّ مِنْ عِندِنَا قَالُوا اقْتُلُوا أَبْنَاء الَّذِينَ آمَنُوا مَعَهُ وَاسْتَحْيُوا نِسَاءهُمْ وَمَا كَيْدُ الْكَافِرِينَ إِلَّا فِي ضَلَالٍ (25)

-> See اقْتُلُوا أَبْنَاء الَّذِينَ آمَنُوا مَعَهُ وَاسْتَحْيُوا نِسَاءهُمْ, ie. Slay the sons of those who believe with him and keep their women alive, ironically the Bible is telling us that it was not Firon who said so rather Moses himself who said so which is a clear cut lie of course, because the Quran is here to qualify what the bible says and in this case the bible can not be true.

Obviously keeping the women for themselves to rape them is an act of mischief making:

What! now! and indeed you disobeyed before and you were of the mischief-makers.
[The Quran ; 10:91]

آلآنَ وَقَدْ عَصَيْتَ قَبْلُ وَكُنتَ مِنَ الْمُفْسِدِينَ (91)

-> See how Firon was decribed: وَكُنتَ مِنَ الْمُفْسِدِينَ Wa Kunt Min Al Mufssidin ie. and you were of the mischief-makers

Again Firon and his people were mischief makers because they used to kill the males of the Jews and keep their women for themselves to rape:

Surely Firon exalted himself in the land and made its people into parties, weakening one party from among them; he slaughtered their sons and let their women live; surely he was one of the mischief-makers.
[The Quran ; 28:4]

إِنَّ فِرْعَوْنَ عَلَا فِي الْأَرْضِ وَجَعَلَ أَهْلَهَا شِيَعًا يَسْتَضْعِفُ طَائِفَةً مِّنْهُمْ يُذَبِّحُ أَبْنَاءهُمْ وَيَسْتَحْيِي نِسَاءهُمْ إِنَّهُ كَانَ مِنَ الْمُفْسِدِينَ (4)

-> See how Firon was described وَيَسْتَحْيِي نِسَاءهُمْ إِنَّهُ كَانَ مِنَ الْمُفْسِدِينَ , ie. and let their women live; surely he was one of the mischief-makers. , obviously he was not keeping their women to live as a mercy rather to slave and rape them.

Now, the Quran is clear in two location that sourcing sex in anyway outside the marriage lock or outside Ma Malakat Aymanikum permission is classified as an act of I�?????�????�???�??�?�¢??tidaa, i.e. transgression:

5: And who guard their private parts,

6: Except before their mates or those whom their right hands possess, for they surely are not blameable,

7: But whose who desire beyond that, such are transgressors
[The Quran ; 23:5-7]

وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ (5)
إِلَّا عَلَى أَزْوَاجِهِمْ أوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ (6)
فَمَنِ ابْتَغَى وَرَاء ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَ (7)

-> See how those who source sex outside what is allowed are described: فَمَنِ ابْتَغَى وَرَاء ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَ But whose who desire beyond that, such are transgressors, and because this act of transgression has to be an act of mischief- making in the land. This act of IÃ??????Ã?????Ã????Ã???Ã??Ã?¢??tidaa must cover RAPE.

The same exact warning is repeated in another location:

29: And those who guard their private parts,

30: in the case of their wives or those whom their right hands possess-- for these surely are not to be blamed,

31: But those who trespass beyond this are transgressors;-
[The Quran ; 70:29-31]

وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ (29)
إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ (30)
فَمَنِ ابْتَغَى وَرَاء ذَلِكَ فَأُوْلَئِكَ هُمُ الْعَادُونَ (31)


From all the above we have to conclude the following:

Rape = an act of sourcing sex outside the marriage lock and outside Ma Malakat Aymanikum permission = an act of transgression = an act of mischief making in the land

Now if the Quran has specified a punishment جَزَاء , Gazaa for mischief-making in the land then logically speaking it may be considered as a punishment for rape, letÃ??????Ã?????Ã????Ã???Ã??Ã?¢??s look at the following verses:

33: The punishment of those who wage war against Allah and His messenger and strive to make mischief in the land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or they should be imprisoned; this shall be as a disgrace for them in this world, and in the hereafter they shall have a grievous chastisement,

34: Except those who repent before you have them in your power; so know that Allah is Forgiving, Merciful.
[The Quran ; 5:33-34]

إِنَّمَا جَزَاء الَّذِينَ يُحَارِبُونَ اللّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الأَرْضِ فَسَادًا أَن يُقَتَّلُواْ أَوْ يُصَلَّبُواْ أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلافٍ أَوْ يُنفَوْاْ مِنَ الأَرْضِ ذَلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الآخِرَةِ عَذَابٌ عَظِيمٌ (33)
إِلاَّ الَّذِينَ تَابُواْ مِن قَبْلِ أَن تَقْدِرُواْ عَلَيْهِمْ فَاعْلَمُواْ أَنَّ اللّهَ غَفُورٌ رَّحِيمٌ (34)

-> Verse 5:33 is talking about the punishment of two crimes, here is the two crimes:

A) wage war against Allah and His messenger
B) and strive to make mischief in the land, َيَسْعَوْنَ فِي الأَرْضِ فَسَادًا Yasoon Fi Al Ard Fasada

Note: the above two crimes can be also understood as one crime, i.e. fighting Allah and His messenger is considered Fasad Fi Al Ard, however (and this is an important however), understanding it as it means two crimes is still valid and cause no contradiction in the grammar nor the Quran context as a whole, I firmly believe that taking it as a one specific crime (fighting Allah and His messenger) and another general crime (strife to make mischief in the land) is more valid because Allah has given us 4 options of punishment:

- The punishments for the crime(s) mentioned in 5:33 are:

A) they should be murdered
B) or crucified
C) or their hands and their feet should be cut off on opposite sides
D) or they should be imprisoned

From all the above, it is absolutely valid to consider a rapist as one who is seeking sex outside what the Quran allows, as well it is valid to consider the act of rape I�?????�????�???�??�?�¢??tidaa Ginsi aggression involving sex as an act of mischief making in the land, and because 5:33 has specified 4 options to punish those who make mischief in the land, then it is 100% valid to use any of those punishments to punish any rapist and based on the amount of mischief they make, for example someone may rape one person with little amount of violence while another torture his victim without killing her and a third may torture, rape then kill his victim, and surrey others will do it more than once, David & Catherine Birnie are good examples of such mischief-makers and if I have the power to choose which one of the above 4 punishments to inflict on them, I would have gone for option A

Salam

[maxq]

Very well-written post! Thank you for sharing your thoughts brother. I agree with your assessment on the matter!

[AhmedBahgat]

[AhmedBahgat]

[maxq]

Yes very correct indeed!