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Is Islam Lenient to Rapists?
“Media messages are commonly discussed by individuals in the course of reception and subsequent to it … [They] are transformed through an ongoing process of telling and retelling, interpretation and reinterpretation, commentary, laughter and criticism… By taking hold of messages and routinely incorporating them into our lives .. we are constantly shaping and reshaping our skills and stocks of knowledge, testing our feelings and tastes, and expanding the horizons of our experience.” Thompson, J. (1995), The Media and Modernity
With that in mind, the reliance and public trust of the media is astounding, its not that we completely trust all media reports and opinions, but rather that if we continue to hear the same jargon reiterated over and over again, then perhaps it must be right, right?
Recently, a Toronto tabloid featured a news report about woman in Iran (a shee'ah country with religious practises foreign to pure Islam) who was attacked (to be raped) and then defended herself successfully by stabbing her attacker. The reporter stated,
It's a classic tale of beauty and the beast. The beauty is Nazanin Afshin-Jam, a former Miss World Canada and aspiring singer.
The beast is an archaic court ruling which had committed Nazanin Fatehi, 19, to death for stabbing a man to death who was trying to rape her and her niece.
Under sharia law, her self-defence was too extreme and the fact that she was out after dark was also counted against her.
The reference to sharee'ah law here is entirely incorrect, and is a example of the malaise and inaccuracy of media opinions today. Let's look at some examples of similar situations and their Islamic rulings, derived from the prophetic traditions of Muhammad (May Allah Raise his Rank and Grant Him Peace)
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.
So according to Islamic traditions, the one who defends himself/herself against an attacker of any type is considered a martyr (if killed). So this is in regards to defending oneself against an assailant but what about a rapist?
It says in al-Mughni (a book) by Ibn Qudaamah al-Hanbali (a scholar from the middle-ages of Islam [perhaps even the 'archaic' time): “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.
So this is the ruling of an Islamic scholar from the middle-ages of Islam, an archaic time where women in Europe were still being debated as to their having a soul or not, and they most certainly could not purchase property in the 'free world'.
\"Equity law, which developed in England, emphasized the principle of equal rights rather than tradition. Equity law had a liberalizing effect upon the legal rights of women in the United States. For instance, a woman could sue her husband. Mississippi in 1839, followed by New York in 1848 and Massachusetts in 1854, passed laws allowing married women to own property separate from their husbands. In divorce law, however, generally the divorced husband kept legal control of both children and property.\" Excerpted from Compton's Interactive Encyclopedia
Copyright (c) 1994, 1995 Compton's NewMedia, Inc.
Nothing 'archaic' about that, in fact these man-made rulings were present within the last two centuries. As always, we encourage the reader, the intelligent mind, the seeker of truth and justice to seek out the truth and to investigate Islam factually.<br><br>Post edited by: islaam.ca admin, at: 2007/02/13 02:11
This is a wonderful post. MashAllaah it refutes the falsehood that is hurled at Islam. Even in Indian media very often we get these 'reports'.
Alhamdulillaah, the hadeeth and the rulings of the Scholars clarify the truth.<br><br>Post edited by: islaam.ca admin, at: 2007/02/13 17:14