S
Sister_Amy
Guest
Here is the opinion in Muwatta Imam Malik:
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, “What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him.”
Imam Malik had another opinion, that the proof of rape is that she reports it immediately, still in the state of being violated, and if that is the case then her word should be taken.
Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride-price.
Yahya said that he heard Malik say, “What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him.”
Imam Malik had another opinion, that the proof of rape is that she reports it immediately, still in the state of being violated, and if that is the case then her word should be taken.