![]() ![]() ![]() ![]() Islamic sources Īn incident during the time of the Islamic prophet Muhammad would form the basis of later jurisprudence of rape: Due to a number of high profile instances, the risk of being prosecuted for zina creates a strong disincentive for women to report rape in some Muslim countries today. According to human rights organizations, stoning for zina has also been carried out in Saudi Arabia for such victims. Prosecution of rape under the category of zina makes rape extremely difficult to prove and exposes the victims to jail sentences for reporting that illicit intercourse was forced upon them. Pregnancy is used as evidence of sex having occurred and women who report rape or sexual violence can be deemed to have confessed to unlawful sex (zina) and prosecuted for that instead. A raped woman risks being accused of slanderous accusation (qadhf) if she cannot prove her allegation of rape by providing four witnesses (bayyinah) and the rapists go unpunished. As with enslaved women, according to Islamic law, married women are required to oblige their husbands' sexual advances. The consent of a slave for sex, for withdrawal before ejaculation ( azl) or to marry her off to someone else, was historically not considered necessary. There is also a lack of recognition of marital rape by mainstream jurists. Classical Islamic law ( Shari'a) regarded the crime of sexual violation as a coercive zina, and therefore a hadd offence. In Islam, rape is called Zina Al-Zibr or Ightisab, and it falls under the rules of Hirabah. Rape is considered a serious sexual crime in Islam. 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. Accordingly, sexual violation is regarded as a violation of moral and divine law. In Islam, human sexuality is governed by Islamic law ( Sharia). ![]()
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