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Does A Woman Have To Defend Herself Against A Would-be Rapist? by Nobody: 6:02pm On Oct 28, 2016 |
Praise be to Allaah.
A woman who is being forced to commit
zinaa [unlawful sexual activity] is obliged to
defend herself and should not give in even
if she kills the one who wants to do that to
her. This self-defence is waajib (obligatory),
and she is not at fault if she kills the one
who wants to force her into zinaa. Imaam
Ahmad and Ibn Hibbaan reported that the
Prophet (peace and blessings of Allaah be
upon him) said: “Whoever is killed
defending his property is a shaheed
(martyr), whoever is killed defending
himself is a shaheed, whoever is killed
defending his religion is a shaheed, and
whoever is killed defending his family is a
shaheed.” In the commentary on this
hadeeth it says: “whoever is killed
defending his family is a shaheed” refers to
the one who defends the honour of his wife
and female relatives.
If a man is obliged to defend his wife and
fight off the one who wants to rape her –
even if this leads to his own death – then
this obligation applies even more to the
woman herself, who must defend herself
and not give in to the aggressor who wants
to violate her honour, even if she is killed,
because if she is killed she will also be a
shaheedah, just as her husband will be a
shaheed if he was killed defending her
honour. Shahaadah (martyrdom, the status
of shaheed) is a high status which is only
achieved by the one who dies in the way of
obedience to Allaah and that which He loves,
which indicates that Allaah loves this kind of
defence, a man’s fighting to defend his
wife’s honour and a woman’s fighting to
defend herself. But if she is unable to
defend herself, and the evil aggressor
overpowers her and rapes her by force, then
she should not be subjected to any
punishment (hadd or ta’zeer); rather, the
punishment should be carried out on the
evil aggressor.
It says in al-Mughni by Ibn Qudaamah al-
Hanbali: “Concerning a woman who was
pursued by a man, and she killed him to
protect herself, Ahmad said: ‘If she knew
that he wanted [to rape] her, and she killed
him to protect herself, then she is not at
fault.’ Ahmad mentioned the hadeeth which
al-Zuhri reported from al-Qaasim ibn
Muhammad, from ‘Ubayd ibn ‘Umayr, in
which it said that a man had visitors from
[the tribe of] Hudhayl, and he wanted [to
rape] a woman, so she threw a rock at him
and killed him. ‘Umar said, ‘By Allaah, there
is no diyah for him ever’ i.e., she did not
have to pay the ‘blood money’ for him. If it is
permissible to defend one's money, which
one can give away, then a woman defending
and protecting herself and her honour
which cannot be given away, is clearly more
permissible than a man defending his
money. If this is clear, then she is obliged to
defend herself if she can, because letting
someone overpower her [rape her] is
haraam, and by not defending herself, she
lets him overpower her.” [al-Mughni, 8/331]
And Allaah knows best. Al-Mufassal fi
Ahkaam al-Mar’ah, 5/42-43.
Ibn al-Qayyim (may Allaah have mercy on
him) said in al-Turuq al-Hukmiyyah, 18:
“(Section) … A woman who had committed
zinaa was brought to ‘Umar ibn al-Khattaab
(may Allaah be pleased with him), and he
asked her about it and she admitted it, so he
commanded that she should be stoned. ‘Ali
said: ‘Maybe she had a reason.’ So he said to
her, ‘What made you do that?’ She said, ‘I
had a partner who shared livestock with me;
his camels had water and milk, and mine
had none. I got thirsty, so I asked him to
give me something to drink, but he refused
unless I let him have his way with me. I
refused three times, but I was so thirsty
that I thought I was going to die, so I gave
him what he wanted, and he gave me
something to drink.’ ‘Ali said: ‘Allaahu akbar!
“… But if one is forced by necessity without
wilful disobedience nor transgressing due
limits, then there is no sin on him. Truly
Allah is Oft-Forgiving, Most Merciful.” [al-
Baqarah 2:173 – interpretation of the
meaning].’”
In Sunan al-Bayhaqi it says: “From Abu ‘Abd
al-Rahmaan al-Sulami, who said: ‘A woman
was brought to ‘Umar who had been
extremely thirsty, and had passed by a
shepherd and asked him to give her
something to drink; he had refused to give
her something to drink unless she let him
have his way with her. [‘Umar] consulted
with the people as to whether he should
have her stoned. ‘Ali said, ‘She was forced to
do it. I think you should let her go.’ So he did
so. I say: this is what should be done. If a
woman is in desperate need of food and
drink from a man, which he will not give her
unless she lets him have his way with her,
and she is scared that she will die without
them, so she lets him have his way with her,
then she is not to be punished. If it were
asked, is it permissible for her in this
situation to let him have his way with her, or
does she have to suffer [her hunger and
thirst] with patience, even if she dies? The
answer is that her case is like that of a
woman who is forced to commit zinaa, to
whom it is said, ‘Either you let me have my
way with you, or I will kill you.’ The woman
who is forced to do this should not be
punished; she can save herself from being
killed in this manner, but if she bears it (i.e.,
being killed) with sabr (patience), this is
better for her. (But she does not have to put
up with with being killed). And Allaah knows
best.”
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