Islam & The Prevention of Rape

By
Sary Farah

Outline

I- The epidemic of rape in our days

a. Facts and numbers
b. The need for prevention
II- Islam in brief
III- Islam and Desire
a. Internal/personal control of desire
i. Islamic creed: a cognitive approach
ii. Islamic worship program: self control and
sublimation
b. External/socio-political control of stimuli
i. Hijab and the decent conduct of a Muslim woman
ii. Media control and prohibitions
iii. Regulating inter-gender relations
iv. Women traveling with mahram
IV-Islamic law and the punishment for rape
a. Muslims living in a non-Islamic state
b. Non-Muslims in an Islamic state
V- Conclusion

1
The Epidemic of Rape in Our Days

"I never lost my virginity… it was stolen!" a statement describing the attitude of a
rape victim, blaming the offender for his horrible crime. Rape is the term used to
describe sexual intercourse committed without a person's consent and/or against a
person's will through force or threat of force1. There is a universal consensus on
considering rape as a crime, a social ailment that requires treatment by all available
means. Alarming statistics show that the frequency of rape, as well as other crimes, is
on the rise almost at a global level. In the USA alone, as FBI statistics indicate, the
number of rapes has risen dramatically; more than 102,000 cases were reported in
1990, and there was one rape reported for every 270 women in 1995 and an average
of one rape every five minutes2. In around the year 2000, the US was the 9th state on
the statistical list of rapes per capita, with South Africa in the 1st place (1.2 per 1,000
people), followed by Seychelles, and Australia (0.8 per 1,000 people).3 Amnesty
International stated in a 2004 report entitled “Stop Violence Against Women” that
every 90 seconds a woman was raped in the United States during that year.

The impact of rape is quite devastating. Rape is a violent crime which has many
severe effects on the victim both in the long term and in the short term. For example,
36% women who are injured during a rape require medical attention4. 25 - 45% of
rape survivors suffer from non-genital trauma, 19 - 22% suffer from genital trauma,
up to 40% obtain STDs and 1 - 5% become pregnant as a result of the rape. There are
an estimated 32,000 rape related pregnancies in the United States annually.5 Sexual

1
Sue Sue & Sue, Understanding Abnormal Behavior, 7th ed., Houghton Mufflin Company,
2003, p.336.
2
Federal Bureau of Investigation [FBI], Uniform crime reports, 1991, Uniform crime reports
for the United States, 1996, Washington D.C.; US senate Committee on the Judiciary, 1991.
3
United Nations Office on Drugs and Crime, Centre for International Crime Prevention
Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Systems,
covering the period 1998 – 2000.
4
National Violence Against Women Survey, U.S., Nov.1998.
5
Holmes, Melissa and Resnick, Heidi A. and Kirkpatrick, Dean G. and Best, Connie L. Rape-
related Pregnancy: Estimates and Descriptive Characteristics from a National Sample of
Women. 1996. American Journal of Obstetrics and Gynecology, Vol. 175, 2, pp. 320-325.

2
assault survivors' visits to their physicians increase by 18% the year of the assault,
56% the year after and 31% the second year after the assault.6

The consequences of rape are not always physical though, and are not always
immediate. 80% of rape victims will suffer from chronic physical or psychological
conditions over time. (Strategies for the Treatment and Prevention of Sexual Assault,
American Medical Association, 1995) Rape survivors are also 13 times more likely to
attempt suicide than not crime victims and 6 times more likely than victims of other
crimes.7 26% of women with bulimia nervosa were raped at some point in their lives.
The mental health costs of sexual assault victims are very high, studies have shown
that 25 - 50% of rape and child sexual abuse victims receive some sort of mental
health treatment as a result of the victimization.8

Prohibition by law and the execution of convicted rapists doesn't seem to be an

efficient procedure into stopping rape, since the crime is continuing so far. "Our laws
are woefully inadequate to protect women in U.S. prisons, too many of whom are
subjected to sexual assault, harassment, and barbaric shackling practices," notes
Amnesty International USA Executive Director William Schultz.

Moreover, we need to reach a stage where we can save our societies from this crime,
rather than just punishing the offender. This requires a social system which is based
on an ideology, a philosophy, or a religion.

In this paper, we are going to examine Islam as a creed and a way of life, in addition
to the social system it provides. Propagators of Islam claim that such a system
certainly leads to protection from all social harms, crimes and deviancies, or at least a
significant decrease in the margin of social problems. Not only Muslim believers, but
also some Western thinkers support the aforementioned contention. The British
philosopher George Bernard Shaw said:

6
Koss, Mary P., The Impact of Crime Victimization on Women's Medical Use. 1993. Journal
of Women's Health, 2, 1, pp. 67-72.

7
Rape in America: A Report to the Nation. 1992. National Victim Center and Crime Victims
Research and Treatment Center, University of South Carolina, Charleston.
8
Miller, Ted R., Cohen, Mark A. and Wierama, Brian. Victim Costs and Consequences: A
New Look. 1996. U. S. Dept. of Justice, Office of Justice Programs, National Institute of
Justice.

3
 "It (Islam) is also the only religion which is in harmony with all the various
stages of life. I view that Muhammad should be named the rescuer of
humanity. If a man like Muhammad ruled the world, he would solve its
problems… that would bring it the much needed peace and happiness."9

Islam in brief

Islam is a universal monotheistic faith. In English, The word Islam means

Submission. Etymologically, Islam comes from the Arabic root-word Salama, which
means to be in peace, to be in safety. It is also explained as being in amity with God,
the universe, the society, and one's self. In other words, peace can be achieved
through submission to Allah, the one and only God.

{‫ن‬
َ ‫حَزُنو‬
ْ ‫ل ُهْم َي‬
َ ‫عَلْيِهْم َو‬
َ ‫ف‬
ٌ ‫خْو‬
َ ‫ل‬
َ ‫ي َف‬
َ ‫}َفَمن َتِبَع ُهَدا‬

{…whosoever follows My (God's) guidance, on them shall be no fear, nor

shall they grieve.}10

Muslims believe that Islam is the true revealed religion since the time of Adam, the
first created man. After the time of Adam, Allah revealed to many other prophets in
order to call the people back to the obedience of Allah, warn them from the
consequences of their digressions, and to fulfill the religion. Among those prophets;
Noah, Abraham, Moses, David, Solomon, John the Baptist, and Jesus (peace be upon
them all):

َ ‫ق َوَيْعُقو‬
‫ب‬ َ ‫حا‬
َ‫س‬ْ ‫ل َوْإ‬
َ ‫عي‬
ِ ‫سَما‬
ْ ‫حْيَنآ ِإَل ٰى ِإْبَراِهيَم َوِإ‬
َ ‫ن ِمن َبْعِدِه َوَأْو‬
َ ‫ح َوالّنِبّيي‬
ٍ ‫حْيَنآ ِإَل ٰى ُنو‬
َ ‫ك َكَمآ َأْو‬
َ ‫حْيَنآ ِإَلْي‬
َ ‫}ِإّنآ َأْو‬
َ ‫عَلْي‬
‫ك‬ َ ‫صَناُهْم‬
ْ ‫ص‬
َ ‫ل َقْد َق‬
ً‫س‬ُ ‫ن َوآَتْيَنا َداُووَد َزُبورًا * َوُر‬
َ ‫سَلْيَما‬
ُ ‫ن َو‬
َ ‫س َوَهاُرو‬
َ ‫ب َوُيوُن‬
َ ‫س ٰى َوَأّيو‬
َ ‫عي‬
ِ ‫ط َو‬
ِ ‫سَبا‬
ْ‫ل‬َ ‫َوا‬
{‫سى َتْكِليمًا‬
َ ‫ل ُمو‬
ُّ ‫ك َوَكّلَم ا‬
َ ‫عَلْي‬
َ ‫صُهْم‬
ْ ‫ص‬
ُ ‫ل ّلْم َنْق‬
ً‫س‬ُ ‫ل َوُر‬
ُ ‫ِمن َقْب‬

9
George Bernard Shaw, The Genuine Islam, London, (publisher and date unknown).
The Holy Qur'an, English Translation of Meanings and Commentary, by Abdullah Yusuf
10

Ali, Islamic Computing Centre, London, 1999, [2: 38].

4
 {We11 have sent thee inspiration, as We sent it to Noah and the Messengers
after him: we sent inspiration to Abraham, Isma'il, Isaac, Jacob and the
Tribes, to Jesus, Job, Jonah, Aaron, and Solomon, and to David We gave the
Psalms. Of some apostles We have already told thee the story; of others We
have not; and to Moses God spoke direct; Apostles who gave good news as
well as warning, that mankind, after (the coming) of the apostles, should have
no plea against God: For God is Exalted in Power, Wise.} 12

The last prophet of Allah, as Muslims believe, is Muhammad (pbuh). By his advent
and accomplishment of his message in the early 7th century C.E., Allah's religion was
completed and fulfilled:

{‫لَم ِدينًا‬
َ‫س‬ْ‫ل‬
ِ ‫ت َلُكُم ا‬
ُ ‫ضي‬
ِ ‫عَلْيُكْم ِنْعَمِتي َوَر‬
َ ‫ت‬
ُ ‫ت َلُكْم ِديَنُكْم َوَأْتَمْم‬
ُ ‫}اْلَيْوَم َأْكَمْل‬

{This day have I (God) perfected your religion for you, completed My favor
upon you, and have chosen for you Islam as your religion.}13

Islam is a complete and holistic way of life. It is not only concerned with the rites of
worship and prayers; it provides a well detailed lifestyle that involves even the minute
details of a Muslim's living. Leopold Weiss (now Mohammad Asad)14 stated that:

"Islam appears to me like a perfect work of Architecture. All its parts are
harmoniously conceived to complement and support each other. Nothing is
superfluous and nothing lacking, with the result of an absolute balance and
solid composure."
It is believed to be a mercy from Allah that He revealed this religion to mankind.

The Islamic rationale supporting that statement is that human beings can not produce
a religion for themselves, since their minds are bound to their senses. Their senses and
perceptive abilities are also limited and hence their knowledge. Therefore, the divine
11
We = used here as a plural of majesty for God.
12
The Qur'an [4: 163-164].
13
The Qur'an [5: 3].
14
Austrian statesman, journalist, former foreign correspondent for the Frankfurter Zeitung. He
embraced Islam in 1926. Author of "Islam at the Crossroads" and "Road to Mecca" and
translator of the Qur'an's meanings into German.

5
revelation is considered as guidance from a perfect transcendent and omniscient
source; the Creator, God. The prophets and messengers to whom the revelation was
revealed are considered to be as human role models for believers.

ِّ ‫ن ا‬
‫ل‬ َ ‫جآَءُكْم ّم‬
َ ‫عن َكِثيٍر َقْد‬
َ ‫ب َوَيْعُفوْا‬
ِ ‫ن ِمنَ اْلِكَتا‬
َ ‫خُفو‬
ْ ‫ن َلُكْم َكِثيرًا ّمّما ُكْنُتْم ُت‬
ُ ‫سوُلَنا ُيَبّي‬
ُ ‫جآَءُكْم َر‬
َ ‫ب َقْد‬
ِ ‫ل اْلِكَتا‬
َ ‫}َيا َأْه‬
‫ت ِإَلى الّنوِر ِبِإْذِنِه َوَيْهِديِهْم‬
ِ ‫ظُلَما‬
ّ ‫ن ال‬
ِ ‫جُهْم ّم‬
ُ ‫خِر‬
ْ ‫لِم َوُي‬
َ‫س‬ّ ‫ل ال‬
َ ‫سُب‬
ُ ‫ضَواَنُه‬
ْ ‫ن اّتَبَع ِر‬
ِ ‫ل َم‬
ُّ ‫ن * َيْهِدي ِبِه ا‬
ٌ ‫ب ّمِبي‬
ٌ ‫ُنوٌر َوِكَتا‬
{‫سَتِقيٍم‬
ْ ‫ط ّم‬
ٍ ‫صَرا‬
ِ ‫ِإَلى‬

{O people of the book! There hath come to you from God a light and a
perspicuous Book, wherewith God guides all who seek His good pleasure to
ways of peace and safety, and leads them out of darkness, by His will, unto the
light, guides them to a path that is straight.}15

Islam and Desire

"God created men and women. He also created their characters, instincts and organic
needs. Such needs are constantly provoked in different degrees … which have to be
satisfied accordingly… Islamic laws (shari'a)16 handle such problems by simply
organizing those needs and instincts' satisfaction, without trying to obstruct or deprive
them, nor through chaotic satisfaction, nor even satisfying some instincts on each
other's expense… "17 Islam manages the process of satiation and control of human
desire by the means of two channels:

1- Internal/personal, which includes creed (cognition), and the system of

worship and moral conduct (behavior).

2- External/socio-political, including clothing criteria, male female relations'

regulation, banning provocative stimulants, and punishment for criminals.

15
The Qur'an [5: 15, 16].
16
The scriptural sources of the Islamic law (shari'a) are: the Qur'an (God's word), and the
prophetic tradition (sunnah). In addition to the scriptures, there are two agreed upon derived
sources of Shariah: scholarly consensus (ijma`) and legal analogy (qiyas).
17
Samih Atef El-Zein, Whose Rule? Translated from Arabic by Muhammad Ali H. Fayoumi,
Dar al-Kitab al-Lubnani, Beirut, 1976, p. 7, 8.

6
1- Internal/personal control of desire

Islamic creed: a cognitive approach

Islam's treatment and prevention dimensions of social and individual problems are
similar to the cognitive-behavioral approach. It is cognitive for including a creed that
has a psychodynamic framework. As Lazarus identifies cognition as the key to
functioning and change and notes that

"it provides motivational direction, emotional significance and the justification

of action, and it connects action to the environmental context by the principle
of feedback"18.

In the same manner, a believer is motivated, guided and driven by his creedal
conviction.

A Muslim establishes a firm belief in God that is not mixed with uncertainty. He
knows God's existence and attributes (Might, Mercy, Knowledge, Omnipotence,
Will…) through examining the world around him. Consequently, out of gratefulness
to God, a Muslim reaches the following convictions: "

Is it right to disobey Allah when I eat the provision He created, and live on His
land and when I know that He can see everything I do? ... How can I disobey
Allah, while I cannot ward off death long enough to give myself time to
repent, and I know that when death comes there will be no reprieve, how can I
hope to be saved?"19

This concept of accountability before God, once embraced, has a great influence on
one's behavior. He will be carefully weighing the consequences of his actions before
initiating them, for he certainly knows that nothing goes without God's accountancy:

{‫ن‬
َ ‫ظَلُمو‬
ْ ‫ل ُي‬
َ ‫ت َوُهْم‬
ْ ‫سَب‬
َ ‫س ّما َك‬
ٍ ‫ل َنْف‬
ّ ‫ل ُثّم ُتَوّفى ُك‬
ِّ ‫ن ِفيِه ِإَلى ا‬
َ ‫جُعو‬
َ ‫}َواّتُقوْا َيْومًا ُتْر‬

1813
Lazarus, R. S. (1989). Constructs of the mind in mental health and psychotherapy. In A.
Freeman, K. M. Simon, L. E. Buetler, and H. Arkowitz (Eds.), Comprehensive handbook of
cognitive therapy. New York: Plenum, p. 99.
19
Extracted with modifications from: “The Day of Rising”, Laila Mabruk, Published by Dar
al-Taqwa Ltd, 1997.

7
 {And fear the day when ye shall be brought back to Allah. Then shall every
soul be paid what it earned, and none shall be dealt with unjustly}20

{‫شّرا َيَرُه‬
َ ‫ل َذّرٍة‬
َ ‫ل ِمْثَقا‬
ْ ‫خْيرًا َيَرُه * َوَمن َيْعـَم‬
َ ‫ل َذّرٍة‬
َ ‫ل ِمْثَقا‬
ْ ‫}َفَمن َيْعَم‬

{Then shall anyone who has done an atom's weight of good, see it! And
anyone who has done an atom's weight of evil, shall see it.}21

In addition to reflection and reason, the Qur'an is another source of certainty for a
Muslim. It challenged the Arabs, masters of rhetoric and eloquence to produce a
chapter similar to it22, yet, throughout fourteen centuries none was able to meet the
challenge. It can not be, logically speaking, the word of Muhammad for he was
known to be illiterate23. Furthermore, the Qur'an includes scientific facts that were
unknown during Muhammad's time, such as embryonic development, the expansion
of the universe, the celestial origin of iron, the function of mountains as pegs for the
land…24 in addition to prophecies that were fulfilled throughout history. Therefore, it
can not be from Muhammad. It must be a Divine revelation.25 These conclusions
result in the consolidation of the creed in the mind of the believer, and thus a
Muslim's behavior will be more bound to, and directed by his faith.

Some might argue that one's need and desire might prevail over his belief and thus
lead to a criminal or deviant act. Consciousness is highly important in Islam. One
should be constantly aware of being in the Divine presence, for God is omniscient and
20
The Qur'an [2: 281]
21
The Qur'an [99: 7, 8]
22
The Qur'an [2: 23, 24] [10: 38] [11: 13] [17: 88].
23
The Qur'an [7: 157, 158] [29: 48] He used to recite the verses proclaiming his illiteracy.
Had his contemporaries found a contradiction between what was recited and Muhammad's
real status, they would have rejected his message altogether.
24
Harun Yahya, Miracles of the Qur'an, Al-Attique Publishers Inc., Toronto – Canada, 2001.
25
This statement was also declared by non-Muslim scientists from around the world:
Dr. T.V.N. Persaud is a Professor of Anatomy and Head of the Department of Anatomy, and a
professor of Pediatrics and Child Health, University of Manitoba, Winnipeg, Manitoba,
Canada. He is the author or editor of 25 books, and has published over 181 scientific papers.
In 1991, he received the most distinguished award presented in the field of anatomy in
Canada. He said: "It seems to me that Muhammad was a very ordinary man. He could not
read or write. In fact, he was illiterate. We are talking about 1400 years ago. You have
someone who was illiterate making profound pronouncement and statements and are
amazingly accurate about scientific nature. I personally cannot see how this could be mere
chance. There are too many accuracy’s and, like Dr. Moore, I have no difficulty in my mind
in concerning that this is a divine inspiration or revelation which led him to these statements."

8
omnipresent. However, man would occasionally fall into heedlessness (ghafla) and
then fall into sin. This is not the end of the world for a Muslim; there is always room
for rectification and repentance (as long as he lives):

{‫حيُم‬
ِ ‫جِميعًا ِإّنُه ُهَو اْلَغُفوُر الّر‬
َ ‫ب‬
َ ‫ل َيْغِفُر الّذُنو‬
َّ ‫ن ا‬
ّ ‫ل ِإ‬
ِّ ‫حَمِة ا‬
ْ ‫طوْا ِمن ّر‬
ُ ‫ل َتْقَن‬
َ ‫سِهْم‬
ِ ‫عَلى َأنُف‬
َ ‫سَرُفوْا‬
ْ ‫ن َأ‬
َ ‫ي اّلِذي‬
َ ‫ل يِعَباِد‬
ْ ‫}ُق‬

{Say: "O my Servants who have transgressed against their souls! Despair not
of the Mercy of Allah. For Allah forgives all sins: for He is Oft-Forgiving,
Most Merciful.}26

In brief, the Islamic creed provides a believer with a purpose of life, as well as an
effective cognitive immunity to deviancy and delinquency. It ingrains in the psyche a
moral impetus that effectively prevents the individual from committing criminal acts.
It also empowers one's adherence to the moral code provided by the Qur'an, making
its commands and prohibitions much more binding than any man-made set of laws or
moral code.

Islamic worship program: self control and sublimation

Heedlessness (ghafla) is also cured through the complete program of worship that will
keep the Muslim in a state of remembrance of Allah throughout the day27.

‫ل َيْعَلُم َما‬
ُّ ‫ل َأْكَبُر َوا‬
ِّ ‫شآِء َواْلُمْنَكِر َوَلِذْكُر ا‬
َ ْ‫ن اْلَفح‬
ِ‫ع‬
َ ‫لَة َتْنَهى‬
َ‫ص‬ّ ‫ن ال‬
ّ ‫لَة ِإ‬
َ‫ص‬ّ ‫ب َوَأِقِم ال‬
ِ ‫ن اْلِكَتا‬
َ ‫ك ِم‬
َ ‫ي ِإَلْي‬
َ‫ح‬
ِ ‫ل َما ُأْو‬
ُ ‫}اْت‬
{‫ن‬
َ ‫صَنُعو‬
ْ ‫َت‬

{Recite what is sent of the book by inspiration to thee, and establish regular
prayer: for prayer restrains from shameful and evil deeds; and remembrance
of Allah is the greatest (thing in life) without doubt. And Allah knows the
(deeds) that ye do}28

The Islamic prayer, Salaat, as some medical experts indicate, has another function
that is beyond cognitive awareness and remembrance. Researches indicate that prayer

26
The Qur'an [39: 53]
27
For example: the daily five prayers and their distribution along the day: at dawn, noon,
afternoon, sunset, night.
28
The Qur'an [29: 45]

9
has a regulatory function: it helps regulating hormonal secretion. Medical doctor and
researcher Zuheir Rabih Qarami explains in his study on prayer:

'…Fajr (dawn) prayer helps calming down male excitement through regulating
adrenal secretion that occurs daily with the early morning… it also helps
regulating the high level of testosterone's (male sex steroid hormone) secretion
at its peak by middle noon, by the time of zuhr (noon) prayer… the 'assr
(afternoon) prayer relieves the arousal caused by the second peak of adrenal
secretion'29

In addition to the fore-mentioned personal merits of prayer, there are also social
merits. It is recommended in Islam that the prayer would be in congregation
(jamaa'ah). Muslims in a neighborhood will be meeting about five times a day,
standing shoulder to shoulder in prayers, greeting one another afterwards, listening to
a sermon, a lecture, or even a concise word of wisdom from the imam of the mosque.
This would create a positive social atmosphere, promote inter-human coherence and
social consciousness. Thus, it helps promoting a sense of social immunity to crimes
and tribulations30.

Canon Taylor said:

"It (Islam) replaced monkishness by manliness. It gives hope to the slave,

brotherhood to mankind, and recognition of the fundamental facts of
human nature31."

In the Islamic tradition, monasticism is unacceptable. A Muslim is supposed to be

involved in worldly affairs. For example, Islam encourages early marriage32.
However, the prophet (pbuh) recommended fasting (from dawn until sunset) for those
who can not afford to get married33. It is medically known that controlling the input of

‫ هيئة العجاز العلمي في القرآن‬,‫ الستشفاء بالصلة‬,‫ زهير رابح قرامي‬.‫ د‬29
.215 – 211 .‫ ص‬,1996 ,‫ مكة المكرمة‬,‫والسنة‬
Ibid. p. 219 – 224.
30

Canon Taylor, Paper read before the Church Congress at Wolverhampton, Oct. 7, 1887;
31

Quoted by Sir Thomas Arnold in The Preaching of Islam, pp. 71-72, emphasis added.
32
In Islam, any sexual relation between a man and a woman should be preceded by a
legal marriage.
33
Narrated by Al-Bukhari: 1772, and Muslim: 2485.

10
food (quantitatively and qualitatively) helps in controlling the output of energy
(especially aggression and sexual activity). For Imam Abu Hamed Al-Ghazali,
gluttony, or shahwat-ul-battn is the key to sexual desire shahwat-ul-farj. If you
control the first, you control the second. Moderation is recommended in all
circumstances as in these verses: {... eat and drink: But waste not by excess, for Allah
loveth not the wasters.}34 Prophet Muhammad (pbuh) made this issue even clearer by
saying:

"A descendent of Adam can fill no container worse than his own belly. A few
small mouthfuls should suffice to keep his back straight; if he cannot keep to
this, then let him fill one third (of his belly) with his food, one third with his
drink and keep the other for his breath The latter means (to leave one third of
the belly empty and thus facilitating respiration)."35

On fasting, Sheikh Shah Waliyullah said:

"Since the dominance and power of bestial attributes are caused by eating,
drinking and excessive indulgence in lowly desires - the latter playing the
dominant role in the assertion of bestial attributes - it is essential to curtail and
curb the onslaught of the flesh by a reduction in these factors (eating, drinking
and indulgence in desire). Precisely for this reason do we find unanimity
among all those who desire the supremacy of the soul and the subjugation of
the flesh. All such men are unanimous in their assertion that the method of
establishing the supremacy of the soul over the body is to reduce indulgence in
eating, drinking and lowly desire. A remarkable fact is that this unanimity
exists despite the different religions and lands of these men (i.e. those who
desire the supremacy of the soul)."36

To sum up, worship in Islam strengthens the adherent's aptitude of self-control, and
sublimates his drives into constructive behaviors, along with the regulated satiety of
needs.

34
The Qur'an [7: 31]
35
Narrated by Ahmad, Tirmidhi, and Ibn Maajah.
36
Fasting Establishes Supremacy of The Soul, By Muhaddith Shah Waliyullâh
http://www.angelfire.com/al/islamicpsychology/tazkiyah/fasting.html

11
2- External/socio-political control of stimuli

Hijab and the decent conduct of a Muslim woman

Other pre-emptive measures exist in the Islamic system in order to prevent

uncontrolled desires and illicit behavior. The most important procedure consists of
avoidance of all stimuli that would lead to arousal. The sexual feeling is an instinctual
aspect which is never excited internally. It rather necessitates an external exciting
factor .One of the theories of stimulation in behavioral psychology indicates that an
instinctive behavior aiming for satiation is caused by a certain releaser37. In the case of
rape, the primary releaser causing the crime is the female's body. Findings indicate
that males are stimulated through visual stimuli in terms of sexual activity.38 One of
the Islamic duties is wearing decent clothing, and thus concealing the stimulating
features of a woman's body, and hence helps in avoiding male excitement. In addition
to that, God commands the believers, males and females, to avoid contemplating and
staring on each other's bodies. This helps in preventing attraction that would be the
first step into fornication. The verse also indicates the people before whom a woman
is allowed not to be wearing the hijab:

ِ ‫ن * َوُقل ّلْلُمْؤِمَنا‬
‫ت‬ َ ‫صَنُعو‬
ْ ‫خِبيٌر ِبَما َي‬
َ ‫ل‬
َّ ‫ن ا‬
ّ ‫ك َأْزَكى َلُهمْ ِإ‬
َ ‫جُهْم ذِل‬
َ ‫ظوْا ُفُرو‬
ُ ‫حَف‬
ْ ‫صاِرِهْم َوَي‬
َ ‫ن َأْب‬
ْ ‫ضوْا ِم‬
ّ ‫ن َيُغ‬
َ ‫ل ّلْلُمْؤِمِني‬
ْ ‫}ُق‬
ّ ‫جُيوِبِه‬
‫ن‬ ُ ‫عَلى‬
َ ‫ن‬
ّ ‫خُمِرِه‬
ُ ‫ن ِب‬
َ ‫ضِرْب‬
ْ ‫ل َما ظََهَر ِمْنَها َوْلَي‬
ّ ‫ن ِإ‬
ّ ‫ن ِزيَنَتُه‬
َ ‫ل ُيْبِدي‬
َ ‫ن َو‬
ّ ‫جُه‬
َ ‫ن ُفُرو‬
َ‫ظ‬
ْ ‫حَف‬
ْ ‫ن َوَي‬
ّ ‫صاِرِه‬
َ ‫ن َأْب‬
ْ ‫ن ِم‬
َ‫ض‬
ْ ‫ض‬
ُ ‫َيْغ‬
ّ ‫خَواِنِه‬
‫ن‬ ْ ‫ن َأْو َبِني ِإ‬
ّ ‫خَواِنِه‬
ْ ‫ن َأْو ِإ‬
ّ ‫ن َأْو َأْبَنآِء ُبُعوَلِتِه‬
ّ ‫ن َأْو َأْبَنآِئِه‬
ّ ‫ن َأْو آَبآِء ُبُعوَلِتِه‬
ّ ‫ن َأْو آَبآِئِه‬
ّ ‫ل ِلُبُعوَلِتِه‬
ّ ‫ن ِإ‬
ّ ‫ن ِزيَنَتُه‬
َ ‫ل ُيْبِدي‬
َ ‫َو‬
‫ن َلْم‬
َ ‫ل اّلِذي‬
ِ ‫طْف‬
ّ ‫ل َأِو ال‬
ِ ‫جا‬
َ ‫ن الّر‬
َ ‫لْرَبِة ِم‬
ِ ‫غْيِر ُأْوِلي ا‬
َ ‫ن‬
َ ‫ن َأِو الّتاِبِعي‬
ّ ‫ت َأْيَماُنُه‬
ْ ‫ن َأْو َما َمَلَك‬
ّ ‫سآِئِه‬
َ ‫ن َأْو ِن‬
ّ ‫خَواِتِه‬
َ ‫َأْو َبِني َأ‬
َ ‫جِميعًا َأّيَها اْلُمْؤِمُنو‬
‫ن‬ َ ‫ل‬
ِّ ‫ن َوُتوُبوْا ِإَلى ا‬
ّ ‫ن ِمن ِزيَنِتِه‬
َ ‫خِفي‬
ْ ‫ن ِلُيْعَلَم َما ُي‬
ّ ‫جِلِه‬
ُ ‫ن ِبَأْر‬
َ ‫ضِرْب‬
ْ ‫ل َي‬
َ ‫سآِء َو‬
َ ‫ت الّن‬
ِ ‫عْوَرا‬
َ ‫عَلى‬
َ ‫ظَهُروْا‬
ْ ‫َي‬
}‫ن‬
َ ‫حو‬
ُ ‫َلَعّلُكْم ُتْفِل‬

{Say to the believing men that they should lower their gaze and guard their
modesty: that will make for greater purity for them: And Allah is well
acquainted with all that they do. And say to the believing women that they
should lower their gaze and guard their modesty; that they should not display
their beauty and ornaments except what (must ordinarily) appear thereof; that
they should draw their veils over their bosoms and not display their beauty
37
Releaser: term used by ethologists for a stimulus that sets off a cycle of instinctive behavior
[Hilgard's, 2000, p708]
38
Neil R. Carlson, Physiology of behavior, Allyn and Bacon, 1998, ch. 10.

12
 except to their husbands, their fathers, their husband's fathers, their sons,
their husbands' sons, their brothers or their brothers' sons, or their sisters'
sons, or their women, or the slaves whom their right hands possess, or male
servants free of physical needs, or small children who have no sense of the
shame of sex; and that they should not strike their feet in order to draw
attention to their hidden ornaments. And O ye Believers! Turn ye all together
towards Allah, that ye may attain Bliss.}39

This command is similar to what was narrated in the New Testament when Jesus said:

“Ye have heard that it was said by them of old time, Thou shalt not commit
adultery: But I say unto you, That whosoever looketh on a woman to lust after
her hath committed adultery with her already in his heart. And if thy right eye
offend thee, pluck it out, and cast it from thee: for it is profitable for thee that
one of thy members should perish, and not that thy whole body should be cast
into hell.”40

The verse that indicates the enjoinment of Hijab is the following:

َ ‫ن َوَكا‬
‫ن‬ َ ‫ل ُيْؤَذْي‬
َ ‫ن َف‬
َ ‫ك َأْدَنى َأن ُيْعَرْف‬
َ ‫ن ذِل‬
ّ ‫لِبيِبِه‬
َ َ‫ن ِمن ج‬
ّ ‫عَلْيِه‬
َ ‫ن‬
َ ‫ن ُيْدِني‬
َ ‫سآِء اْلُمْؤِمِني‬
َ ‫ك َوِن‬
َ ‫ك َوَبَناِت‬
َ‫ج‬
ِ ‫لْزَوا‬
َ ‫ي ُقل‬
ّ ‫{يَأّيَها الّنِب‬
}‫حيمًا‬
ِ ‫غُفورًا ّر‬
َ ‫ل‬
ُّ ‫ا‬

{O prophet! tell thy wives and daughters, and the believing women, that they
should cast their outer garments over their persons (when out of doors): that
is most convenient, that they should be known (as such) and not molested. And
Allah is oft-Forgiving, most Merciful.}41

The verse mentioned the main reason behind hijab, which is to protect women from
being molested: {that they should be known (as such) and not molested…} Dr. Zakir
Naik clarifies the meaning of the verse by the following example:

39
The Qur'an [24: 30, 31]
40
The Gospel according to Matthew 5: 27-29.
41
The Qur'an [33: 59]

13
 Suppose two sisters who are (identical) twins, and who are equally beautiful,
walk down the street. One of them is attired in the Islamic hijab i.e. the
complete body is covered, except for the face and the hands up to the wrists.
The other sister is wearing western clothes, a mini skirt or shorts. Just around
the corner there is a hooligan or ruffian who is waiting for a catch, to tease a
girl. Whom will he tease? The girl wearing the Islamic Hijab or the girl
wearing the skirt or the mini? Naturally, he will tease (harass) the girl wearing
the skirt or the mini.42 Such dresses are an indirect invitation to the opposite
sex for teasing and molestation.43

The Hijab is ruled by the following criteria: The first criterion is the extent of the
body that should be covered. For women, the extent of covering obligatory is to cover
the complete body except the face and the hands up to the wrist. If they wish to, they
can cover even these parts of the body. All the remaining criteria are the same for men
and women. The clothes worn should be loose and should not reveal the body's shape.
The clothes worn should not be transparent such that one can see through them. The
clothes worn should not be so glamorous as to attract the opposite sex. The clothes
worn should not resemble that of the opposite sex.

Hijab includes conduct and behavior among other things. Complete hijab, besides the
mentioned criteria of clothing, also includes the moral conduct, behavior, attitude and
intention of the individual. A person only fulfilling the criteria of hijab of the clothes
is observing hijab in a limited/external sense. Hijab of the clothes should be
accompanied by hijab of the eyes (by lowering the gaze), hijab of the intention and
the heart. It also includes the way a person walks: {… they should not strike their feet
in order to draw attention to their hidden ornaments …}44, the way a person talks, the
way he behaves, etc.

{‫ل ّمْعُروفًا‬
ً ‫ن َقْو‬
َ ‫ض َوُقْل‬
ٌ ‫طَمَع اّلِذي ِفي َقْلِبِه َمَر‬
ْ ‫ل َفَي‬
ِ ‫ن ِباْلَقْو‬
َ ‫ضْع‬
َ ‫خ‬
ْ ‫ل َت‬
َ ‫َف‬...}

42
The releaser here = exposed parts of the female body released the behavior of harassment.
43
Dr. Zakir Abdul Karim Naik, Answer to non-Muslims' common questions about Islam,
www.irf.net.
44
The Qur'an [24: 31]

14
 {Be not too complaisant of speech, lest one in whose heart is a disease should
be moved with desire: but speak ye a speech (that is) just.}45

Media control and prohibitions

Some might argue that, in spite of conservative Islamic dress, and decent female
behavior, rape incidents occur in various places in the Muslim world. This does not
indicate the uselessness of Islamic dress and decent female conduct; it rather indicates
the existence of another source of stimulation. These sources could be the TV, printed
media, the internet, advertisement boards. "Men are not born thinking women enjoy
rape and torture – It is not carried on the Y chromosome. They learn it from
pornography."46 In support to this statement, the social learning theory in psychology
indicates that vicarious learning is mostly provided by the media, and people tend to
emulate what they see on TV more often. Many studies point to a causal connection
between televised violence and true life aggression47.
The display of nude or semi-nude pictures or programs is a source of stimulation
leading to repressed desires and might as well be a basic motive behind rape. Findings
supporting such claims are frequent. Many social scientists argue that the American
culture includes many features encouraging rape, among which the existence of
sexually stimulating media (magazines, channels, www…) and pornography, to an
extent that Griffin called rape "The All American Crime."48 Suzan Brownmiller, the
founder of "Women Against Pornography" in 1979, wrote in [Against our will] that
pornography: "… is not a celebration of sexual freedom but a cynical exploitation of
female sexual activity through the device of making all such activity and
consequentially all females 'dirty'." She believes that pornography is designed to
"dehumanize women, to reduce the female to the object of sexual access, not to free
sensuality from moralistic or parental inhabitation" Anti pornography groups argue
that pornography injures women in three ways:
45
The Qur'an [33: 32]
46
Bart, P.B. , & O'Brien, P. H, Pergamon, Stopping rape, NY,1990.
47
Megee, M. (1984). On Television: The Violence Factor (video recording). San Francisco:
California Newsreel. Mediascope National Television Violence Study, (1996).
And: Leonard Eron, Parent-Child Interaction, Television Violence and Aggression of
Children 27 American Psychologist 197-211, (1982).
And: Jospehson, Wendy., Television Violence: A review of the Effects on Children of
Different Ages, published by the Department of Canadian Heritage, February 1995.
48
Erich Goode (Ed.), Social Deviance, Ally and Bacony, 1996, p. 289, 290.

15
 1- It is violence against women … involves the coercion of women in
scenes of humiliation, rape, and degradation.
2- It causes violence against women by providing a "how to" manual for
rape and violence, as Robin Morgan says, pornography is: "… the theory, and
rape is the practice."49
3- Inures consumers to the culture of violence that surrounds us repeated
exposure "desensitizes people to the abuse of women" with viewers becoming
"numb to abuse when it is done through sex" as Catharine Mackinnon,
indicates in an interview to the Chicago Tribune, 1986.

Findings have shown that exposure to erotic films decreases attraction for a less
exciting partner. It also increases acceptance of extramarital sex and women's sexual
submission to men. It also increases men's perceiving women in sexual terms.50 In
Hawaii, the number of reported rapes rose nine fold between 1960 and 1974, dropped
when restraints on pornography were temporarily imposed, and rose again when the
restraints were lifted.51 In spite of studies strongly supporting the significant relation
between rape and pornography, other social scientists showed studies indicating weak
or even no relation between them. They believe that, so far, results are still
inconclusive52 However, findings supporting the relation are not to be underestimated,
and other findings do not negate, in total, the relation between pornography and rape.
A 1988 study indicated that 83% of rapists admitted regular use of pornography53.

The Islamic law completely prohibits all forms of erotic and pornographic displays
and materials. This ban is believed to be a great social relief from repression and a
cure to anxiety caused by over-stimulation and the inability to satiate the instinctual
needs. Alcohol and all other intoxicants such as drugs are illicit in Islam. An Islamic
government bans all forms of intoxicants and pursues those who try to serve and deal
with them. Since, as an American study indicates, 70 percent of rapes are associated

49
L. Lederer (Ed.), Take Back the Night: Women on pornography, Morrow, NY, 1980, p. 459.
50
David G. Myers, Social Psychology, 5th ed. McGraw-Hill, 1996, p. 458.
51
Ibid. p. 459.
52
Erich Goode (Ed.), Social Deviance, p. 283.
53
Ibid. p. 279.

16
with alcohol intoxication or drugs54. Such prohibition surely contributes to the
protection of the society from rape, as well as other crimes and car accidents.

Regulating inter-gender relations

Another form of arousal-prevention in Islam is through regulating male and female

relations and interactions. Most rapists knew their victims before the rape crime that
they planned for … the most frequent form of rape reported is "acquainted" or "date"
rape.55 Segregation of genders is a mandatory social trend in Islam that is believed to
prevent the occurrence of sexual aggression.

The Islamic laws always tend to shut all the doors leading to nuisance. It is not
intended to sophisticate things when Islam puts under the magnifying glass the
relation between man and woman. It is not necessary, that every time a man meets a
woman, he or she would feel sexually stimulated. But as a principle, such a private
meeting is supposed to arouse the sexual desire which might lead to a sexual relation
between them. However they may be found together for a business relation, or in a
hospital as a patient and a nurse or still in a classroom as students of both sexes and so
forth. In such cases, although man and woman do meet together yet no sexual
excitement would be occurring except when an aptitude of such an excitement does
exist. However such an aptitude does not necessarily call for a complete separation
that may lead to form a barrier between man and woman in general life's activities,
thus hindering any cooperation between them. Although such cooperation is
necessary for the society's welfare, yet it needs to be regulated on a sound basis which
is the social system in Islam.

Dating and secluded meetings between a woman and a non-mahram man56 (or a
stranger) are prohibited in Islam. Such situations pave the way to rape and
molestation, since most rape incidents were in private and isolated settings.

Women traveling with mahram

54
Sue Sue & Sue, Understanding Abnormal Behavior, 7th ed., p. 337.
55
Ibid. p. 338. Also U.S. Bureau of Justice Statistics 1997, and http://www.rainn.org/get-
information/statistics/sexual-assault-offenders
56
Men who are not mentioned in Surah 24 verse 31, (e.g. cousins.)

17
One of the forms of Islamic law's protection for women, is that it enjoins men to
accompany their female relatives in travel. Ibn ‘Abbaas (may Allaah be pleased with
him), reported that the Prophet (pbuh) said: “A woman should absolutely not travel
unless she has a mahram with her.” A man stood up and said, “O Messenger of
Allaah, I have enlisted in such-and-such a military campaign, and my wife has set out
for Hajj.” He said, “Go and do Hajj with your wife.”57 What indicates that a mahram
is obligatory is the fact that the Prophet (pbuh) commanded this man to give up the
idea of jihaad (on this occasion), even though he had enlisted for a campaign and his
wife was traveling for the purpose of worship, not for some frivolous or suspicious
reason. In spite of all this, he told him to go and do Hajj with his wife.58 The
prohibition conveyed by the hadith is justified by fearing that the woman may be
exposed to mischief or temptation if she travels alone, bearing in mind that the
dangers of travel were numerous in the past.

Some might say that this is quite restrictive to females. But if we examine this ruling,
we will find that it is rather for the protection and safety of women. A woman
traveling alone can be seen as an easy target for a rapist. While in the company of a
male mahram, it would be less likely for someone to harass a woman. Many rape
incidents occurred while women were traveling alone, or even while coming back
home.59

Islamic law and the punishment for rape

The ultimate objective of every Islamic legal injunction is to secure the welfare of
humanity in this world and the next by establishing a righteous society.

{...‫ط‬
ِ‫س‬ْ ‫ن ِلَيُقوَم الّناسُ ِباْلِق‬
َ ‫ب َواْلِميَزا‬
َ ‫ت َوَأنَزْلَنا َمَعُهُم اْلِكَتا‬
ِ ‫سَلَنا ِباْلَبّيَنا‬
ُ ‫سْلَنا ُر‬
َ ‫}َلَقْد َأْر‬

57
Narrated by Al-Bukhaari, al-Fath, 3006.

58
Commentary by Sheikh Muhammed Salih Al-Munajjid, question 316, www.islam-qa.com
59
An examples of such incidents: Woman, 21, raped while going home, Evening News -
Scotland, December 19, 2003

18
 {We sent aforetime our messengers with clear signs and sent down with them
the book and the balance (of right and wrong), that men may stand forth in
justice…}60

The means to implement all of the above mentioned Islamic rulings, preventive
measures, prohibitions and punishments is the Islamic state. It is not allowed for an
individual, or a group of people, to punish a criminal by themselves. Hence, "crimes
of honor", i.e. the act of killing an offender who raped or committed adultery with
one's female relative, along with the female herself if considered to be an accomplice
in the perpetrated crime of adultery (or even accused to be so). Occasionally, the
raped victim is killed in order to "wash the shame and dishonor" of the family. In this
case, Islam punishes the one who killed the offender or/and the perpetrator by
sentencing him to death. On the other hand, one is allowed for a human, once
offended, to defend himself in order to preserve his own life, wealth and property, and
honor. Prophet Muhammad (pbuh) said:

“Whoever is killed in defense of his property is a martyr, whoever is killed in

defense of himself is a martyr, whoever is killed in defense of his religion is a
martyr, and whoever is killed in defense of his family is a martyr.”61

Since the Islamic legal injunctions are aimed at achieving human welfare, they can all
be referred back to universal principles, which are necessary for human welfare to be
secured. These universal principles in Islam are:

1. The preservation of religion.

2. The preservation of life.

3. The preservation of reason.

4. The preservation of lineage.

5. The preservation of property.

60
The Qur'an [57: 25]
61
Narrated by Ahmad: 1565, and Ibn Hibban.

19
The Islamic penal system is aimed at preserving these five universal necessities. For
example: to preserve life, it prescribes the law of retribution, To preserve reason, it
prescribes the punishment for drinking. To preserve lineage, it prescribes the
punishment for fornication. To preserve wealth, it prescribes the punishment for theft.
In addition, The Islamic penal system has many objectives, the most important of
which are as follows:

1- Islam seeks to protect society from the dangers of crime. The punishment is
intended to scold and restrain those who intend to carry out a certain crime. In
other words, the severity of punishment will make them think "a thousand
times" before taking a step into crime.

2- Islam seeks to reform the criminal. The Qur’an often makes mention of
repentance in association with the crimes that it deals with, making it clear that
the door to repentance is open whenever the criminal abandons his crime and
behaves properly.62 This objective is seen more frequently with regard to
discretionary punishments, whereby it is incumbent upon the judge to take into
consideration the circumstances of the criminal and what will insure his
betterment.

3- The punishment is a recompense for the crime. It is undesirable to treat a

criminal lightly who threatens the security of society with danger. The
criminal should receive his just recompense as long as he is pleased with
taking the path of evil instead of the path of righteousness. It is the right of
society to be secure in its safety and the safety of its individual members.

Many precedents related to rape and its punishment from the early days of Islam,
were narrated63. Punishment for rape, as well as any other crime, is based on evidence,
the accused is innocent until proven guilty. The intention of the accused is also taken
into consideration. A person who is forced or threatened to commit a crime is not
punished like he who is perpetrating a crime with insistence. Prophet Muhammad
(pbuh) said:

62
The Qur'an [5: 33, 34]
‫ المؤسسة‬,‫ الغتصاب؛ دراسة تاريخية نفسية اجتماعية‬,‫ نهى القاطرجي‬.‫ د‬63
.2003 ,‫ بيروت‬,‫الجامعية للدراسات والنشر والتوزيع‬

20
 “The people of my ummah (nation) are not responsible for acts that they
commit wrongfully, for acts that they do forgetfully, and for acts which they
are forced beyond their abilities.”64

The punishment for rape in Islam is the same as the hadd (punishment) for zina
(adultery or fornication), which is death if the perpetrator is married, and one hundred
lashes and banishment for one year if he is not married. The victim will not receive
punishment, and will be recompensed for the damage. The renowned Imam Al-Shafi'i
(born 150 Hijri) the founder of one of the big schools of jurisprudence said:

"If a man forces a woman (into zina: fornication), the haddd (capital
punishment) must be applied to him but not to her because she was forced.
She receives the dowry (compensation) of her equal whether she was a free
women or a slave – her injury is to be compensated over as above the marriage
dowry done to her…"65

Another early Muslim scholar Ibn `Abdul-Barr said:

The scholars are unanimously agreed that the rapist is to be subjected to the
hadd punishment if there is clear evidence against him that he deserves the
hadd punishment, or if he admits to that. Otherwise, he is to be punished (that
is, if there is no proof that the hadd punishment for zina may be carried out
against him because he does not confess and there are not four witnesses, then
the judge may punish him and stipulate a punishment that will deter him and
others like him). There is no punishment for the woman if it is true that he
forced her and overpowered her. [Al-Istidhkaar, 7/146].

Concerning evidence on the crime of rape, the contemporary scholar Sheikh Ahmad
Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto,
Ontario, Canada, states:

64
Narrated by Ibn Maajah, 2033. See also The Qur'an [16: 106]
65
Al- Shafi'i, Abu Abdullah Mohammad Idrris, Al Umm (an extended work in Islamic
legislation and its sources), vol.6, Cairo, p. 144.

21
 "A woman who has been raped cannot be asked to produce witnesses; her
claim shall be accepted unless there are tangible grounds to prove otherwise.
To insist that she provide witnesses is akin to inflicting further pain on her. If
anyone refutes her claim of innocence, the onus (responsibility) is on him to
provide evidence, and she may simply deny the claim by making a solemn
oath, thus clearing herself in public.66

The Prophet (pbuh) said:

“The onus to provide evidence falls on the one who makes a claim, and the
one who denies (the same) can absolve himself or herself by making a solemn
oath to the contrary.”67

It is very likely that one of the reasons behind the large number of rape incidents is
that such a crime is rarely punished in many countries. For example, in the U.S., less
than half of those arrested for rape are convicted, 54% of all rape prosecutions end in
either dismissal or acquittal. The conviction rate for those arrested for murder is 69%
and all other felons is 54%. 21% of convicted rapists are never sentenced to jail or
prison time, and 24% receive time in local jail which means that they spend an
average of less than 11 months behind bars.68 In the U.K., over two-thirds of cases
dropped out at the police stage and did not make it as far as the courts. One quarter of
incidents initially recorded as rape were subsequently 'no-crimed' by the police. Cases
where the complainant and suspect were acquaintances were most likely to be 'no-
crimed'.69 Therefore, rape is taken lightly by these authorities, which will make the
perpetrators feel more secure. On the other hand, it is doubtful that the rapists will feel
the same if the act of rape will cost him his life.

Muslims living in a non-Islamic state

As for Muslims living in a non-Islamic state (one that does not implement shari'a),
they still cannot perform punishment as individuals. They have to complain and report

66
Excerpted, with slight modifications, from: www.muslims.ca
67
Narrated by Al-Bayhaqi in his sunan 10/252
68
The Response to Rape: Detours on the Road to Equal Justice. 1993. U.S. Congress. Report
prepared by the Majority Staff of the Senate Judiciary Committee.
69
http://www.rapecrisis.org.uk/stats.html

22
crimes and violations to the local authorities, which will take the needed steps by
investigating and punishing the perpetrators. The Islamic preventive measures, in this
situation, might not be applied by such a state. However, Muslims can apply them
within their communities by enjoining what is right, forbidding what is wrong, and by
forming pressure groups, and calling to the prohibition of what is considered illicit
and harmful in Islam (such as the prohibition of indecent public advertisement, erotic
media, pornography…)

Non-Muslims in an Islamic state

Non-Muslims living in an Islamic state are not to be discriminated against before the
law. The laws derived from the Qur'an and the Sunnah guarantee their protection and
rights.

ُ ‫عِدُلوْا ُهَو َأْقَر‬

‫ب‬ ْ ‫ل َتْعِدُلوْا ا‬
ّ ‫عَلى َأ‬
َ ‫ن َقْوٍم‬
ُ ‫شَنآ‬
َ ‫جِرَمّنُكْم‬
ْ ‫ل َي‬
َ ‫ط َو‬
ِ‫س‬ْ ‫شَهَدآَء ِباْلِق‬
ُ ‫ل‬
ِّ ‫ن‬
َ ‫ن آَمُنوْا ُكوُنوْا َقّواِمي‬
َ ‫}َيا َأّيَهآ اّلِذي‬
{‫ن‬
َ ‫خِبيٌر ِبَما َتْعَمُلو‬
َ ‫ل‬
َّ ‫ن ا‬
ّ ‫ل ِإ‬
َّ ‫ِللّتْقَوى َواّتُقوْا ا‬

{O ye who believe! stand out firmly for Allah, as witnesses to fair dealing, and
let not the hatred of others to you make you swerve to wrong and depart from
justice. Be just: that is next to piety: and fear Allah. For Allah is well-
Acquainted with all that ye do.}70

Another verse states that Muslims should rule justly among people, and not
exclusively among themselves:

ّ ‫ظُكْم ِبِه ِإ‬

‫ن‬ ُ ‫ل ِنِعّما َيِع‬
َّ ‫ن ا‬
ّ ‫ل ِإ‬
ِ ‫حُكُموْا ِباْلَعْد‬
ْ ‫س َأن َت‬
ِ ‫ن الّنا‬
َ ‫حَكْمُتْم َبْي‬
َ ‫ت ِإَلى َأْهِلَها َوِإَذا‬
ِ ‫لَماَنا‬
َ ‫ل َيْأُمُرُكْم َأن ُتؤّدوْا ا‬
َّ ‫ن ا‬
ّ ‫}ِإ‬
{‫صيرًا‬
ِ ‫سِميعًا َب‬
َ ‫ن‬
َ ‫ل َكا‬
َّ ‫ا‬

{Allah doth command you to render back your trusts to those to whom they
are due; And when ye judge between people that ye judge with justice: verily
how excellent is the teaching which he giveth you! for Allah is he who heareth
and seeth all things.}71

70
The Qur'an [5: 8], see also [60: 7 – 9]
71
The Qur'an [4: 58], (emphasis added)

23
In an Islamic constitution derived from legislative sources, the laws concerning non-
Muslims are the following:

Article 6
All citizens of the State shall be treated equally regardless of religion, race,
color or any other matter. The State is forbidden to discriminate among its
citizens in all matters, be it ruling or judicial, or caring of affairs.
Article 7
The State implements the Islamic law on all citizens who hold citizenship of
the Islamic State, whether Muslims or not, in the following manner:
a. The Islamic law is implemented in its entirety, without exception, on all
Muslims;
b. Non-Muslims are allowed to follow their own beliefs and worships.
…
d. In matters of food and clothing the non-Muslims are treated according to
their religions within the limits allowed by ahkam shar’iah (Islamic rulings).
e. Marital affairs, including divorce, among non-Muslims are settled in
accordance with their religions, but between non-Muslims and Muslims they
are settled according to the divine law.
f. All the remaining shar'iah matters and rules, such as: the application of
transactions, punishments and evidences (at court), the system of ruling and
economics are implemented by the State upon everyone, Muslim and non-
Muslim alike. This includes the people of treaties (muâaahid), the protected
subjects (ahlu zimmah) and all who submit to the authority of Islam. The
implementation on these people is the same as the implementation on the
subjects of the State.72

Conclusion

After seeing how the Islamic system ensures the complete prevention from crimes and
deviancies to the society under its rule, it is probable that one can consider such a rule

72
Taqiuddin an-Nabahani, The System of Islam (Translated from the Arabic edition: Nidham
ul Islam), Al-Khilafah Publications, London, 2002, p. 116, 117. (with slight modification)

24
to be utopian and too ideal. However, we can assume that due to its holism and
comprehensiveness, Islam as a religion and a system can, when justly implemented, at
least reduce the margin of crime and social ailments significantly. In addition to that
assumption, numbers indicate that the states where the majority of citizens are
practicing Muslims, and some of the above mentioned Islamic procedures and laws
are applied, have a very low rate of rape per capita. For example, Indonesia, Yemen,
and Saudi Arabia are at the 62nd (0.01 per 1,000 people), 63rd (0.004 per 1,000
people), and 65th (0.003 per 1,000 people) positions in the UN statistics73. The
question is; will Islam be applied soon in our modern world, in order to practically
prove its claims of social improvement? The coming days will tell us.

References

73
United Nations Office on Drugs and Crime, Centre for International Crime Prevention
Seventh United Nations Survey of Crime Trends and Operations of Criminal Justice Systems,
covering the period 1998 – 2000.

25
Abdullah Yusuf Ali, The Holy Qur'an, English Translation of Meanings and
Commentary, Islamic Computing Centre, London, 1999.

Al- Shafi'i, Abu Abdullah Mohammad Idrris, Al Umm (an extended work in
Islamic legislation and its sources), vol.6, Cairo, n.d.

Bart, P.B., & O'Brien, P. H, Pergamon, Stopping rape, NY, 1990.

David G. Myers, Social Psychology, 5th ed. McGraw-Hill, 1996.

Dr. Zakir Abdul Karim Naik, Answer to non-Muslims' common questions about
Islam, www.irf.net.

Erich Goode (Ed.), Social Deviance, Ally and Bacony, 1996.

George Bernard Shaw, The Genuine Islam, London, (publisher and date
unknown).

Harun Yahya, Miracles of the Qur'an, Al-Attique Publishers Inc., Toronto –

Canada, 2001.

Hilgard's introduction to psychology, 13th ed., Harcourt, USA, 2000.

L. Lederer (Ed.), Take Back the Night: Women on pornography, Morrow, NY,
1980

Laila Mabruk, The Day of Rising, Dar al-Taqwa Ltd, 1997.

Lazarus, R. S. Constructs of the mind in mental health and psychotherapy. In A.

Freeman, K. M. Simon, L. E. Buetler, and H. Arkowitz (Eds.), Comprehensive
handbook of cognitive therapy. New York: Plenum, 1989.

Neil R. Carlson, Physiology of behavior, Allyn and Bacon, 1998.

26
Rape, Abuse & Incest National Network, http://www.rainn.org

Samih Atef El-Zein, Whose Rule? (Translated by Muhammad Ali H. Fayoumi

from Arabic: Li-man al hukm?), Dar al-Kitab al-Lubnani, Beirut, 1976.

Sue Sue & Sue, Understanding Abnormal Behavior, 7th ed., Houghton Mufflin
Company, 2003.

Taqiuddin an-Nabahani, The System of Islam (Translated from the Arabic

edition: Nidham ul Islam), Al-Khilafah Publications, London, 2002.

United Nations Office on Drugs and Crime, Centre for International Crime
Prevention Seventh United Nations Survey of Crime Trends and Operations of
Criminal Justice Systems, covering the period 1998 – 2000.

Arabic References

‫القرآن الكريم‬

1996 ,‫ مكة المكرمة‬,‫ هيئة العجاز العلمي في القرآن والسنة‬,‫ الستشفاء بالصلة‬,‫ زهير رابح قرامي‬.‫د‬

.2000 ,‫ جدة‬,‫ دار الندلس الخضراء‬,‫ أثر العقيدة السلمية في اختفاء الجريمة‬,‫ عثمان بن جمعة ضميرية‬.‫د‬

‫ المؤسسة الجامعية للدراسات والنشر‬,‫ الغتصاب؛ دراسة تاريخية نفسية اجتماعية‬,‫ نهى القاطرجي‬.‫د‬
.2003 ,‫ بيروت‬,‫والتوزيع‬

.2000 ,‫ الصدار الثاني‬,GISCO ‫ شركة البرامج السلمية الدولية‬,‫موسوعة الحديث الشريف‬

Feel free to contact me at saryfarah@hotmail.com

27
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