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Forgiveness Of Rape
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A case is there for suppose. A man who is in love with her cousin, and she also loves her back deeply. they both want to marry.
One day were alone in the room. where they started to slip and started being intimate. Which started from kissing and touching parts of privacy but not sex. such incidents happened a few more times where they used to be more intimate than before, lesser barriers each time, to the extent that rubbing of private parts over clothes.
One day during such play, the man removed his last cloth, while the woman was unaware of his intent and then he went for penetration without first asking for permission.
she was not willing to do but he took advantage of her unawareness of his intent as she wasn’t looking, and quickly started the penetration act. Then she kept saying to stop but he didn’t and continued. which seems like rape.
the next day he felt great sorrow for his behavior and went to his cousin who was angry with her, to ask for her forgiveness and told her that if she wants to, she has the right to take legal action against him for this oppression. To which she suddenly said replied “No” and that she’ll never want to take legal action because she will never want any harm or pain to reach him, and besides this she wants to keep it hidden for to maintain her dignity.
after that the man changed and did sincere tawbah for all acts and now has does good deeds and is a good Muslim.
As we know, rape is not just Zina, but also muharabah and fasad fil ard. is the man required to go to court and confess everything in order to get the punishment for muharabah while keeping the identity of woman hidden? even if it’s the lesser one of exile. İs he supposed to go himself and tell of his rape incident, when the rapee herself had forgiven him with full mercy? Or he has to tell in order to fulfill the right of government about his rebellious behavior against government?
Or can he keep it hidden and marry her in future, as they both have made tawbah.
Can any Scholar guide in this matter?
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3 Replies
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Forgiveness Of Rape
updated 14 hours, 53 minutes ago
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This is not rape but a kind of zina for which one should ask for forgiveness from God and the person involved in it and should not reveal it to public or go to the court. Repentance is enough here.
Allah says in the Qur’an
اِنَّمَا التَّوۡبَۃُ عَلَی اللّٰہِ لِلَّذِیۡنَ یَعۡمَلُوۡنَ السُّوۡٓءَ بِجَہَالَۃٍ ثُمَّ یَتُوۡبُوۡنَ مِنۡ قَرِیۡبٍ فَاُولٰٓئِکَ یَتُوۡبُ اللّٰہُ عَلَیۡہِمۡ ؕ وَ کَانَ اللّٰہُ عَلِیۡمًا حَکِیۡمًا ﴿۱۷﴾وَ لَیۡسَتِ التَّوۡبَۃُ لِلَّذِیۡنَ یَعۡمَلُوۡنَ السَّیِّاٰتِ ۚ حَتّٰۤی اِذَا حَضَرَ اَحَدَہُمُ الۡمَوۡتُ قَالَ اِنِّیۡ تُبۡتُ الۡـٰٔنَ وَ لَا الَّذِیۡنَ یَمُوۡتُوۡنَ وَ ہُمۡ کُفَّارٌ ؕ اُولٰٓئِکَ اَعۡتَدۡنَا لَہُمۡ عَذَابًا اَلِیۡمًا ﴿۱۸﴾
It should, however, remain clear that] God’s responsibility to forgive is only for those who commit a sin while being overwhelmed with emotions [40] and then repent soon. So, it is they to whom God shows His mercy and accepts their repentance and God is All-Knowing and Wise.On the contrary, there is no repentance for those who sin all their lives and, when the time of death approaches for any of them, he says: “Now I do repent!” Similarly, there is no repentance for those also who die as disbelievers. It is these for whom We have prepared a grievous punishment
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Dr. Irfan Sahaab, Thank you for the response.
keeping in mind the situation that she wasn’t willing and agreeing, the man knew about this but still took advantage of her not being aware and did the act swiftly despite knowing that she won’t allow it. This initial act of entrance, was done by deception on the end of man, despite his awareness.
Will this man be close to rape because of his swift deception in order to make way for his satisfaction while knowing about the consent of woman?
Second point that I wanted to raise was, that just for the sake of understanding of the principle, even if it was a sort of real rape where her cousin kept resisting physically for penetration, but he still performed by overpowering her. but later she has forgave him and has no intention to bring this to court, is the man required to go and tell his own coerced Zina that he inflicted on his cousin?
Or let’s suppose, a man who robbed a house during day by gun point and decided to run. He had full opportunity to run away as he was anonymous. But he felt strong regret just after a few hours, upon which he placed all those robbed items back into their door step and some extra money as compensation for his terror. The family never reported the crime indicating their forgiveness. Is he now obliged to go to confess to court for his muharabah?
Mr. Irfan would you please shine some light on the incident mentioned above about cousins and on the second point I raised for my better understanding of the principle?
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In all these cases repentance suffices.
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