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Why Umar (rta) Gave Half Punishment To The Man Who Raped The Slave?
Asselamu aleykum,
Why Hz. Omer (ra) gave half punishment (i.e flogging) to the slave who raped the slave girl, Instead of stoning him to death? What’s the context of this tradition? Why it is believed that generally slaves got half punishments in Islam, even if they committed the worst crimes, such as rape?
Kindly clarify.
Mālik related to me from Nāfi‘ that a slave was in charge of the slaves in the khumus and he forced a slave-girl among those slaves against her will and had intercourse with her. ‘Umar ibn al-Khaṭṭāb had him flogged and banished him, but he did not flog the slave-girl because the slave had forced her.
— Sahih al-Bukhari, 1:85:81, Al-Muwatta, 41 3.15
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6 Replies
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Why Umar (rta) Gave Half Punishment To The Man Who Raped The Slave?
updated 1 year, 8 months ago
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6
Replies
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Stoning to death is not the only punishment for rape. This kind of crime falls into the category of Fasad fil Ard for which 4 punishments are prescribed in the Quran in sura Al-Maida, one of which is banishment. It was a combined crime therefore, the culprit was flogged for Zina and banished for Fasad fil Ard.
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@Irfan76 Sir, But, Why Hz. Omer Faruq (ra) gave half punishment to the slave guy, who raped the slave girl?
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What do you mean by the half punishment?
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I mean that in the Hudood laws generally the one who is guilty of rape is stoned to death. But, Why did Caliph Hz. Omer Faruk (rta) flogged him and banished him, instead of stoning him to death. Why salves get half punishments for crimes?
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I answered it in the first response. There is no mention of half punishment in the narration. He received flogging for Zina and banishment for rape. Stoning to death is not the only punishment for rape.
This is however true that slaves were sentenced half of the 100 strips for Zina. This is because they didn’t have conducive environment and good upbringing due to their living condition in that society which had been practicing slavery before Islam.
You need to learn our point of view on the punishment of stoning to death. Kindly refer to the article Rajam ki saza in the book Maqamaat by Ghamidi Saheb.
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@Irfan76 , Ok sir, JazakAllah.
You cleared my doubt, May Allah Almighty bless you and all your loved ones, Amin.
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