Channel: Yasir Qadhi
STOP Sexual Harassment
Bismillah Alhamdulillah follow the hymnal, hamdulillah Jacobi and Coloma Rosa.
the United Nations did a survey in Cairo, about harassment of ladies. Can you believe almost 100% of ladies they surveyed 1000s of ladies, that's 99 point something almost 100% said that they have been harassed or fondled or groped in public. This is in Cairo in Muslim lands. And if you ask your own sisters or mothers or daughters or wives, brothers, I'm talking to you. If you ask them about Karachi or or Dakar, any place is going to be similar. It's truly disgusting and terrifying. Men. Let me speak to directly fear Allah. And don't make this a joke or a topic to laugh about. Think about your yourself, would you like that to yourself, and then think about your wives and daughters
as well. Now my brief talk today before I open up for q&a, actually, one of the things I wanted to mention is the famous incident that actually took place in Medina in the life of the Prophet sallallahu alayhi wasallam, it was reported in the person of the Buddha, that a lady was coming for slots and federal. And as she was walking in some dark place, a man overpowered her and raped her. Now I want you to let that facts settle in. We're talking about the prophetic Medina. Anybody who says, oh, if we do this, and that'll solve the problem of rape doesn't know what he or she was talking about, in prophetic Medina, where the Profit System lived Abu Bakar on earth man, where you
had the ideal laws of Islam implemented, a lady was raped coming to South Africa. And after that incident, she, you know, ran around getting help, she knocked on the doors, she's told the unsolved men that had been raped that she was in one of the smaller towns or villages of the of the city, they, she went to the Prophet system to complain, and the men began searching where's the stranger, and they found a person not from that sub tribe, they found a person who was wandering in the area, and they dragged him to the masjid. And she had already arrived at the masjid complaining to the Prophet sallallahu alayhi wa sallam, and once he looked at the man now, of course, this after an
hour or two has gone by, she says, Yes, that was the man. So the Prophet system began interrogating him, did you do this? And he said, I didn't do it. I wasn't there. It wasn't me. And the interrogation became, you know, interrogation verbally, it must you're there. She's saying it's you. Until finally when the news spread that the lady had been raped. Another man felt guilty under their man realized they had committed a sin, the actual rapist, and he confessed, he said, It was me who did the crime. So another man came and confessed that it was me who did the crime, guilt overcame him, and he wanted to be punished so that he can be
forgiven by Allah, at least in this world is going to be punished. So he confessed to the crime. When this person came and confessed, the first person he was apologized to, he was left to go away. And then the second person was executed for this crime and penalty. And the process of 10 said to the lady, you may go, Allah has forgiven you, you have no sin on you, Allah has forgiven you. Now, this incident, small, though it may be his full of wisdom and our scholars of faith have derived many laws from it. First and foremost, no matter how many laws you have in place, crime, still commits is committed in society doesn't matter. You know, she must have been dressed in the best
manner, Islamic manner, she's also had the right, she must have been dressed the way that the Sahaba dress themselves, the process and didn't say, how come you're dressed in this manner, she was wearing what they would have been wearing at the time. Secondly, he did not reproach the lady. He didn't say what were you doing in the early morning? Why were you outside alone? Why didn't you have a companion? It happened? It happened. And she was alone at the time. He didn't reproach her. What was your point for being outside? Thirdly, she made a scene and she did not say oh, I want to protect the honor of the unsightly whoever that might have been? No, there is no honor for the
rapist. Dear brothers and sisters, there is no honor for the perpetrator of a sexual crime. What honor are you covering up when this person has himself lifted up? The honor that Allah has given him? There is no honor to protect nobody who said to her, Oh, don't go around, just keep it hidden. The community is going to be scandalized. What if somebody said, Oh, lady, you're going to make all of the future generations think that society in Medina was like this? No, it's her honor that has been violated. Who cares what another person has done, she has to protect her honor. So that's a very important lesson that we learn as well. Fourthly, and this is also very important, it needs to
there was a case of mistaken identity. It was dark, and she assumed that it was that person when the first
person was brought. She just assumed That's him. But the verdict was not enacted. No punishment was enacted, based on one test to win. And I know this is very sensitive. But all you need to do is to look at how many false victims have been claimed here, especially let me be brutally honest, when there's a racial element involved. And a lady of one race accuses a man of another race. And maybe she's sincere, like, I think it's him, I'm pretty sure it's him. And then DNA says, oh, it wasn't him. It was another person just look at the statistics in this land. Which leads us to a very clear point, no law, neither Islamic nor Western, no law will only go on the sole testimony without any
other evidence. It can't be. He said, she said, even if she's sincere, and she's telling the truth, as in this case, maybe she's mistaken about the identity. And this is a very explicit point that needs to be said, We're not saying she should remain silent, she should accuse as she should speak out. But there must be other evidence. Otherwise, imagine the problems of opening this door that anybody has a problem with somebody else, and accusations fly out, will law here, we would be in big trouble. And all of us would be in big trouble, then there must be other evidence. Now what that evidence is, is that enough of the scholars do need to witnesses or can modern DNA and whatnot.
There's a controversy. And that's a separate point altogether. And I'm more than happy to elaborate on that if the q&a comes. But no doubt there must be some evidence as well, not just simply he said, she said, otherwise, the world would go as you know, completely corrupt. So the fact that she did complain, and there was a case of mistaken identity. In this case, the first man was cleared, the second man was punished and the punishment for rape is not the punishment for Xena for consensual sex. No, the punishment for rape is much more severe. And in this case, he was executed. In fact, there can be something more brutal than execution. Can you believe that? Our scholars mentioned that
rape comes under what in Arabic is called Head auba Head raba war crimes basically or you know, a highway robbery, whatever you want to call it. And there's a verse in the Koran. It's in the Koran, in the images that we already know you had a buena la hora Sula, who were selling out of the facade, then, and you tell you how you suddenly level out at him or human connection? Are you informing them of four options are given. And most Muslims are shocked when they hear this, even though it's in the Koran, the penalty for hiraga and helaba means any crime in which you are terrorizing innocent people. So highway robbery in the good old days, you're going between, you know, Dallas and Houston,
and there's no police in the middle of the road. In those days, you couldn't call 911 and there would be gangs mafia, there would be mafia waiting for the caravans, they jump on them. They'd rape, plunder, loot, whatnot, that's called head auba where you're terrifying terrorizing people, that's an A type of head Allah. Allah says the penalty for head auba is number one, they can be executed. Number two, the sharks Muslims, they can be crucified. So in the Koran, you want to make you want to send the message, somebody who does this crime, this is what we're gonna do, there's a message being sent. And what is crucifixion in Islam. Most muda have said that the dead body is put on some type
of pole or something so that people know this is a man who went and molested children and killed them, you don't just want to bury him, you want to send the message. This is what's going to happen if you do something like this, right. So this is your soul level, which is soul salib is the cross they can be crucified. Now, one minority actually allowed Believe it or not, they can be put on something to die on that something like classical crucifixion, but this is the minority of the majority of scholars say they will be executed. And then the body will be placed on there as an enabler as something that people can can learn a lesson from that we're not going to be doing that.
So you saw level out to apply at him, gentlemen, hello, or they can be amputated from the opposites one hand, one foot, one hand one foot so that this is a marked person for the rest of his life. Everybody knows this is a person, he went beyond the red line, he did something that was truly vicious to do, or they can be exiled, which is imprisonment or something of this nature. Basically, bottom line, what is the penalty for rape? The shed er has plenty of options. And it depends on the gravity of the crime. But it is not just Oh, you're just going to be last 100 times No, the penalty for rape is much more than this. And it depends on the severity and the judge and the quality and
what they want to do as well on top of this, our scholars say and all of them that I have said this basically that there will be a financial penalty on top of the physical penalty execution or whatnot that this man is forced to pay a good amount know what that amount is depends from place in time, but there's going to be a financial penalty that is given to the lady as well that for the crime that he has done on top of the penalty that is being done to this
person. So bottom line, rape is one of the severest crimes in our city, it comes under head raba, which is the highest level of criminality. And our Prophet sallallahu wasallam himself executed the rapist in his own lifetime. And this also demonstrates as well, that indeed, laws are meant to protect. And there's no doubt that we take reasonable precaution. But no matter how many precautions are taken, no matter how many reasonable things are done, I mean, you can lock your door, you can have a loaded gun, you can do whatever you want, crime is going to take place. So the two are not mutually exclusive. You take as much precaution as you can, obviously, but then there is no safe
there is no foolproof method, and people will roll but people will murder and people will cheat and people will lie. And yes, people will rape as well. Your precautions are one thing and the evil people are another thing, no matter what you do you take those precautions and then crime is still going to take place. It doesn't negate your precautions, you still do that. But at the same time realize no system of laws, no government can 100% eliminate criminality. Why? Because you cannot eliminate the evils of human beings and people are evil. Even in the lifetime of the Prophet system, this crime occurred and he dealt with it in a manner that we can benefit from he did not chastise
the lady. He did not see anything dirty. He was kind and compassionate to her and he chastised the person and then obviously, not just chastise of you punish the person and executed him. And this demonstrates for us that the shady art does not tolerate this crime of rape. And anyone who does this has committed one of the greatest offenses they must repent to Allah Subhana was added this man by the way, though the rapist in this story. Eventually his guilt got the better of him and he confessed to his crime. And he was then punished and we hope that in this world he will get the punishment. We hope that any person who has committed a crime they should turn to Allah subhana wa
tada as sincere repentance because on judgment day, nothing will prevent you from the punishment of a law other than this world Stober and with that and shoulda handed back to you.
in a feed dounia Salah man