In search of solution to Rape

The solution proposed by Islam deals with all the root causes of rape and other sexual crimes. This is exactly why it is the best solution. If adopted by humans throughout the world, the Islamic solution would decrease these horrible crimes in a profound manner. As you will see below, Islam’s solution to rape eliminates all the triggers to rape.

1. Prohibition of Alcohol

God prohibits alcohol in the Quran. God says:

O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone and divining arrows are but defilement from the work of Satan, so avoid it that you may be successful.

Quran Chapter 5 Verse 90

Prophet Muhammad (peace be on him) said:

Alcohol is the key to all evils.

Hadith

There is absolutely no place for alcohol in a state or country where the Dharma of God is established.

2. Prohibition of Profanity and Pornography

God prohibits all shameful deeds and there is no place for profanity and pornography. To watch pornography or be part of any profanity, either to watch, listen to or speak, is strictly forbidden in Islam.

God says in Quran:

Indeed, Allah orders justice and good conduct and giving to relatives and forbids immorality and bad conduct and oppression.

Quran Chapter 16 Verse 90

3. Respectful view on women

Islam teaches humanity to respect and honor women. There are critics who claim that women in Islam are oppressed. On the contrary, a careful reading of the Quran and the teachings of Prophet Muhammad (peace be on him) would show that Islam liberated women and granted them rights that were not even thought of 14 centuries ago.

The degrading view on women starts with the parents’ dislike for female children.

God in the Quran admonishes people who dislike female children. God says:

And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide.

Quran Chapter 16 Verse 58 & 59

God in the Quran teaches that women complement men.

They (women) are clothing for you and you are clothing for them.

Quran Chapter 2 Verse 187

God speaks about the responsibilities and actions of men and women in equal terms.

Never will I allow the work of [any] worker among you to be lost, whether male or female; you are of one another.

Quran Chapter 3 Verse 195

About the rights of women, Prophet Muhammad (peace be on him) said:

Fear God regarding women. You have got rights over them, and they have got rights over you.

Hadith

Prophet Muhammad (peace be on him) declared:

The best of you are they who behave best to their women.

Hadith

4. Islam enacted laws that suit the nature of men and women

The principle of enacting rules and laws that suit the different genders is well understood. Example: We never demand or expect a female athlete to compete with a male athlete in a 100 meters race. The same holds good with other sports that involve physical activities. None of us call this as inequality or discrimination of sexes because we all understand the difference in the physical nature of men and women.

Unfortunately, in the name of liberating women and granting them equality, many modern societies have shown a reckless attitude by nurturing environments and enacting laws that do not take into consideration the difference in nature of men and women. This has led to severe consequences like increased sexual crimes, broken families, abortions, marital infidelity etc.

Amnesty International stated in a 2004 report entitled “Stop Violence against Women” that every 90 seconds a woman was raped during that year. According to the organization RAINN (Rape, Abuse and Incest National Network), which is the largest American national organization against sexual assault, every two minutes there is a sexual assault in America, which means that sexual assaults in one year numbers 2,07,754.

Islam enacted laws that suit the nature of men and women. It is important to note that while Islam treats men and women equally, it does not consider them to be identical. Men and women are different physically, psychologically and emotionally. Hence, the famous author John Gray wrote “Men are from Mars, Women are from Venus”.

God says in the Quran:

And the male is not like the female.

Quran Chapter 3 Verse 36

In aspects where both men and women are equal, Islam treats them equal by instituting identical laws and in aspects where men and women are different, Islam has instituted laws that suit the nature of men and women and thus nurturing a balanced and healthy society.

5.  Strict Moral Codes for both men and women

Islam prescribes strict moral codes for both men and women and holds each of them responsible to guard their chastity. God says in the Quran:

Tell the believing men to lower their gaze and guard their private parts (from committing fornication, rape and adultery). That is purer for them. Indeed, God is well aware of what they do.

Quran Chapter 24 Verse 30

And tell the believing women to lower their gaze and guard their private parts and not expose their adornment except that which [necessarily] appears thereof and to wrap [a portion of] their head covers over their chests and not expose their adornment except to their husbands, their fathers, their husbands’ fathers, their sons, their husbands’ sons, their brothers, their brothers’ sons, their sisters’ sons, their women, that which their right hands possess, or those male attendants having no physical desire, or children who are not yet aware of the private aspects of women.

Quran Chapter 24 Verse 31

As you can see from the verses above, God instructs the men first before He instructs the women. Many think the dress code is only for women and not for men. God prescribes dress codes for both men and women and instructs them to dress modestly.

Dress code for men and women

God instructs both men and women to wear dresses that are:

1. Loose and not figure revealing or ‘Skin-tight and body-hugging’.
2. Not transparent or see-through.
3. Not imitating the dress of the opposite sex or cross dressing.
4. Decent and covers the body parts that need to be covered.

While the first three points mentioned above are common for both men and women, the extent of the body that requires it to be covered (point 4) is different for men and women. A man is instructed to mandatorily cover from navel to knees while a woman is instructed to mandatorily cover her whole body except her hands and face.

The reluctance for the acceptance of the Islamic dress code for women (Hijab) is because many consider it to be:

1. A symbol of oppression and degradation of women.
2. A dress code that prevents the progress of women.
3. A dress code that allows differential treatment between men and women.

You can read about Hijab here.

Are all men bad?

Some may argue, women’s freedom to dress the way they want should not be restricted since not all men are bad and not all women who are dressed “liberally” are raped. True, not all men are bad. Most men who look at scantily dressed women stop with sight. Some go beyond sight and fantasize. Some may pass some lewd comments. Some will go beyond that by stalking and if the situation favors them some will molest and rape. It is those few men whom we are worried about.

To give an example: we lock our houses when we go out of town. Why do we do that? Is it because we think our neighbors and all who walk by our streets are thieves? We all know that the majority of the people are good and the robbers are few, yet we lock our houses to protect them from those few robbers. What would you think of a person who asks “Why should I spend on locks to protect my house because of some robbers? Just because my house is open does not mean they can rob?”  Will you call this a sane argument? If no, why not a modest dress which protects the women’s honour from the lustful and lowly eyes of those few men?

We assure you that the obligation of Hijab in Islam is not because Islam accuses every woman who does not wear Hijab of being immoral, or because all men will look at her as a focus for their wickedness and desires. But Islam does not look only at the majority of people; rather it pays attention to the fact that there are also a small percentage of evildoers. In order to protect the well-being of the majority from the evil actions of the minority, it has enacted moral guidelines that will significantly reduce these undesirable occurrences of sexual crimes.

The father of our nation, Mahatma Gandhiji said:

I don’t mind any women, even my wife, breaking stones and cleaning latrines, but I certainly want none whatsoever to cast a lustful eye on my sister or mother.

Public Meeting in Pune on 5/3/1927

6. Prohibition for a woman to be alone with a man who is not her close relative

Islam forbids a woman to be alone with men that are not close relatives like her father, brother, uncle, husband etc. Prophet Muhammad (peace be on him) said:

Whenever a man is alone with a woman (he is not related to or married to) the Satan (Devil) is the third.

Hadith

According to the organization RAINN (Rape, Abuse and Incest National Network), approximately 2/3 of rapes were committed by someone known to the victim. If every woman were to follow the guidance of God by avoiding being alone with a man (even if she knows him well), the risk of rapes committed by an assailant known to the woman is heavily reduced.

Sexual harassment happens everywhere from schools to courts. No industry is spared from this evil. Hence, we read and hear every day about sexual harassment by colleagues, superiors, teachers and even Judges.

Award winning US documentary called “The invisible war” (it was nominated for Oscars) captures the monster of sexual harassment and rape in the US Military. The documentary estimates the incidents of sexual harassment and rape in the US Military to be at 19,000 in the year 2010 alone, while the Department of Defense processed only 3,198 with just 244 convictions. Even the prestigious regiment “Marine Barracks”, which guards the ‘White House’ was not spared from this evil of rape.

If this is the plight of military women who are trained in self-combat, one can imagine the situation of women in schools and workplaces. Islam deals with this by prohibiting unnecessary mixing of women and men whether it is at school or work place and thus reducing the opportunities that may lead to molestation and rape.

7. Focus on God Consciousness and Accountability to God

Islam instills God Consciousness by teaching that each one of us is accountable to God for our actions in this world. Islam teaches that the world will come to an end one day. All the human beings from the first man to the last will be brought back to life on the Day of Judgment and will be questioned for their deeds. God will weigh our good deeds against our bad deeds, and pronounce His judgment on us accordingly. Even the smallest of our deeds will be taken into account on the Day of Judgment. You can read more about “Life after death” here.

Only fear of accountability to God will prevent someone from committing such heinous crimes at all times, even if the situation favors them. If military men, police, and the people who indulge in rapes during riots have the fear of accountability to God, would they dare to commit this heinous act? Fear of accountability to God will make them realize that though they may get away with their evil act in this world, God will bring them to task and punish them on the Day of Judgment. Only God consciousness can reform a person to the fullest and prevent him from committing power rapes.

8. Harsh punishments

Despite the implementation of all the solutions mentioned above, if a person dares to commit the evil act of rape, Islamic law punishes the rapist with death penalty. Islam prescribes swiftness of the trials in the court, thus ensuring that the judgment is pronounced and executed as soon as the crime is proved. The death penalty is to be witnessed by the people in the society. This clearly shows the seriousness of rape in the sight of God.

How can a civilized society allow the death sentence?

Some may feel that the death sentence is barbaric and there are many who call for the abolishment of the death sentence. To know the necessity of the death sentence, we need to understand the objectives of punishment. We all know that punishment will not undo the suffering of the rape victim. Then, why do we punish the rapist? Punishment is pronounced for three main reasons:

1. Punishment should prevent the rapist from committing the rape again
2. The threat of punishment should deter people from engaging in rape
3. The victim should feel that there was retribution to the rapist and she was rendered justice.

Let us see if the death penalty (Islamic punishment for rape) serves the above objectives.

Punishment should prevent the rapist from committing the rape again – This is met as the rapist will not live to commit rape again.

The threat of punishment should deter people from engaging in rape – This is also met as the severity of the punishment, the speed of the trial and the manner of execution will definitely act as a deterrent for others.

The victim should feel that there was retribution to the rapist and she was rendered justice – This is definitely met as the rape victims ask for death penalty for their rapists. Example: Mumbai Journalist Rape victim and the parents of Nirbhaya (Delhi rape victim).

What about other punishments for rape?

One has to wonder if other forms of punishment for rapes meet the objectives mentioned above. For sure, life sentences do not deter people from committing the crime and the victims are left unsatisfied with the punishment. God forbid, if the rape victim were to be you or your mother or sister or wife, will you accept if the government uses your tax money to: feed the rapist three times a day, provide him free medical treatment and entertain him with one movie a week? If your answer is no, then that is exactly what happens in the prison for a rapist who serves life imprisonment.