How does Islam define rape?

Question

And according to what you read below, do you think it's right?

"Islamic legal scholars interpret rape as a crime in the category of Hiraba. In ‘Fiqh-us-Sunnah’, hiraba is described as: ‘a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women (hatk al ‘arad), killing cattle, or disrupting agriculture.’

The famous jurist, Ibn Hazm, had the widest definition of hiraba, defining a hiraba offender as: ‘One who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people… making people fear that they’ll be killed, or have money taken, or be raped (hatk al ‘arad)… whether the attackers are one or many."

Al-Dasuqi held that if a person forced a woman to have sex, his actions would be deemed as committing hiraba. In addition, the Maliki judge Ibn ‘Arabi, relates a story in which a group was attacked and a woman in their party was raped. Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn ‘Arabi replied indignantly that "hiraba with the private parts" is much worse than hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former.

The crime of rape is classified not as a subcategory of ‘zina’ (consensual adultery), but rather as a separate crime of violence under hiraba. This classification is logical, as the "taking" is of the victim’s property (the rape victim’s sexual autonomy) by force.

In Islam, sexual autonomy and pleasure is a fundamental right for both women and men (Ghazâlî); taking by force someone’s right to control the sexual activity of one’s body is thus a form of hiraba.

Rape as hiraba is a violent crime that uses sexual intercourse as a weapon. The focus in a hiraba prosecution is the accused rapist and his intent and physical actions, and not second-guessing the consent of the rape victim. Hiraba does not require four witnesses to prove the offense, circumstantial evidence, medical data and expert testimony form the evidence used to prosecute such crimes.

Answer 1

rapist are hanged till death in Islamic countries. They dont get an easy life sentence in prison

Islam is all in favor of women...even when it comes to forced prostitution. God is all knowing
[24:33] ……..You shall not force your girls to commit prostitution, seeking the materials of this world, if they wish to be chaste. If anyone forces them, then GOD, seeing that they are forced, is Forgiver, Merciful.

Answer 2

Is what you say, given below, the definition of what we call terrorism?
The famous jurist, Ibn Hazm, had the widest definition of hiraba, defining a hiraba offender as: ‘One who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people… making people fear that they’ll be killed, or have money taken, or be raped (hatk al ‘arad)… whether the attackers are one or many."
How do the few fundamentalist Muslims, who are following the terrorism approach to protest, square with that.

Answer 3

All of these quesitons and answers flys in the face of all logic.
when we read how girls are molested and used as prostitutes for certain men and that is okay. women who commit adultry or their husbands say they did are burried alive. Men get by with sex with just about anyone or anything.
While women purchased like cattle are treated worse.
People who have been to the middle east and seen it first hand the USA soldiers who are coming home are telling the true story. So all the lies are being exposed as in a theatre.
Before CNN these vicious acts towards women went unpublished. Now they are known so come up with a different angle.

Answer 4

Exactly in simple words....

Fornication, adultery and having extra-marital sex is different form being sexually assaulted & raped. Hence, the rapist punished as per Islamic Laws.

In case of ADULTERY or FORNICATION, the situation is different --- one has to prove it with at least 4-witnesses otherwise the allegation is not considered valid.
(Referring to IV:20 Women (Nisa))

Do correct me if I am wrong, please.

Answer 5

I would enjoy commenting on this question!
I am a Sufi, and I am considered a heretic, therefore I shall refrain from answering this most important question.

May Allah (SWT) grant you the answer that you are seeking.

Salaams,

Answer 6

Rapists are killed in Islam.

Answer 7

An action where the victim should be thrown in jail for.

Answer 8

unless god sanctions it, under 9 years old is not cool

Mohamed had a 9 year old wife, one of many, and no telling if it was consensual