Rape in Islamic Law: problems of classification and adjudication

This research investigates rape as a crime according to Islamic criminal law. There have been many controversial issues pertaining to the notion of rape, its penal classification, punishment, adjudication and remedies for the victim. Rape in classical Islamic law has been seen as a crime correlated with zina and as such to be treated in the same way as zina in terms of collecting evidence for prosecution, as well as the punishment for it. However, some modern scholars have suggested that rape is actually closer to hiraba on the basis that there are concepts of hiraba, such as physical assault, in rape. These different classifications of rape result it different procedures for prosecution, proof and punishment. This research examines the appropriate punishment for the rape as well as modern developments regarding the prosecution of rape, legal procedures, the rights of the accused and the rights of the victim, based on the opinions and arguments of classical and modern Muslim jurisprudents from various schools of la