Traditional ecole and atheism puts forward allegations regarding « there is no penalty for rape in Qur’an. However, contrary to what is claimed, there is a penalty of IMPRISONMENT in the Qur’an for the ones guilty of rape crime, including the attempt. Let’s go directly to the Qur’an and see the example of the humanity that the Qur’an offers for us; First of all, all the stories described in the Qur’an are the universal path guides which needs to be regarded as a advice/LESSON by us.
In their stories is a lesson for those who possess intelligence. This is not a fabricated tale… (Yusuf/111)
We narrate to you the MOST ACCURATE HISTORY, by revealing to you this Quran. (Yusuf/3).
The main reason for characterizing tales in the Qur’an as a real news is the universality and continuity of basic moral codes that mankind needs throughout history. Now, we are going to discuss the story told in Yusuf Surah.
She in whose house he was living tried to seduce him. She shut the doors, and said, “I am yours.” He said, “God forbid! ……'(Yusuf/23) She desired him… (Yusuf/24)
When we read the verses carefully; We see that the opposite side is prepared for forceful sexual partnership, the exit doors are closed and there is an unacceptable sexual partnership invitation.
As they raced towards the door, she tore his shirt from behind. At the door, they ran into her husband. She said, “What is the penalty for him who desired to dishonor your wife, EXCEPT IMPRISONMENT OR A PAINFUL PUNISHMENT?” (Yusuf/25)
The person who is invited to forced sexual intercourse/adultery escapes from this ugliness. The reason for the shirt to be teared is his resistance. After the door is opened by the husband of the woman, she who tries to clear herself claims that he ATTEMPTED TO RAPE HER. If you pay attention, you can see that the rape and attempting are put in the same equation. As a penalty, IMPRISONMENT is seen fit.
But if his shirt is torn from the back: then she has lied, and he is the truthful.” (Yusuf/27)
Proof is an important detail for rape cases. Because of this, a trace of the rapist (nail piece, hair, blood sample, clothes, underwear worn during the rape) left on the victim constitutes a proof according to the verse.
IF WE SUMMARIZE THIS SUBJECT UNDER THE LIGHT OF THE QUR’AN
1) The Quran has reported that rape is forced sexual intercourse and condemned it
2) Although men are not as much victims as women in this matter, it is noted that rape is not right.
3) The importance of the evidence is emphasized in the cases of rape.
4) Rape attempt and actual rape deemed as equal and its punishment is imprisonment.
5) As described in the Qur’an, Shari’a is not a system that is opposite of civil law which is based on thousands of years of human accumulation. In the Qur’an, it is pointed to the penal sanction imposed on the Egyptian constitution and it is declared that the civil laws of the countries would coincide with the Qur’an and they are encouraged. Apart from a few clauses, the Qur’anic Shari’a is a system that generally guides civil law, but in many respects it is fully compatible with it. To look at the Qur’anic shari’a, as practiced in some backward Islamic countries, and giving decision in accordance with this is just a very bad criticism to the moral code and sharia law which were commanded to us in the original text in the Qur’an.