What is the Islamic punishment for rape Q&A

Yasir Qadhi


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enough, he saw the how

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many mean and mostly me

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said I wanted to kumara Sula, who bought a couch well hamdu lillah wa Salatu was Salam ala Rasulillah who Allah Allah, he was happy woman. Welcome aboard. Welcome to another episode of our q&a. Today we begin with our first question from Brother enamel. Who says that he has a colleague at work who is believing Christian, they're having a lot of discussions about Islam and the Quran. And he has questions that he has for me, one of them is that his Christian colleague is saying that the Quran does not understand Trinity, and that according to him, or the will of the prophets has made a mistake in that the Quran says that Christians believe in three gods and the Quran says that Jesus

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and Mary are a part of the Trinity. And his Christian colleague is saying that this is completely false. No Christian has ever said that there are three gods and that Jesus and Mary have never been considered to be a part of the Trinity. So our brother animal health is asking how do we understand these verses in the Quran?

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Now, the primary verses that deal with Christian theology there are three so pay heed to these and and inshallah we'll dissect them and explain to them explain to Michelle in a holistic manner, first is sort of the Nyssa verse 171, that Allah subhanho wa Taala says for Ave Billahi, well Rusu li wala taco Luth Allah believe in Allah and His messengers and do not say three what are the odds that data, notice three here is three not the word used is data, which is 3123. And it's not the Arabic word for Trinity, which is death or other words that are used. So the point being that this word three is being understood to mean three actual entities. And then Allah says into hydrilla stop

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saying three it is better for you. So this is 171 the second source and that were 73. Allah says luck are the kaffir Alladhina Kado in Allah Hatha lethal salata, those who say that Allah is the third of a three have committed, Cofer, excuse me, those who say that Allah is the third of a 332 Thalassa. So there are three entities, and Allah is one of them, the third of them. The third here doesn't necessarily mean in chronological order, it simply means one of the three is a lot. Once again, what is being affirmed are three entities and that Allah is one of those three. So Allah is saying anybody who says that Allah is three, or a part of a three or 1/3 of a three, that anybody

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who says this has committed Cofer woman Illa, Illa, Ada hogwash, there's only one God. And lastly, certain either verse 116, where Allah subhanho wa Taala says that

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uresa Menominee Maria Ma, Anta Coulter Inasa chalcedony whoa Mia, Isla Haney mundo de la. Isa will be asked on the day of judgment by Allah. That did you tell the people Oh Jesus, did you tell people to take you and your mother as Gods instead of Allah? So here, ALLAH SubhanA wa Taala is asking isa Imodium that did you tell people to take you and your mother as Gods Allah Haney to God's besides Allah subhanho wa Taala Annalisa will say, Glory be to You, I could never say anything other than what you commanded me to say. And the verses go on. Now these are not the only three but these are the primary three verses in the Quran that deal with Christian theology. Now, of course, mainstream

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Christian doctrine, which has been fairly consistent since the Nicene creed of the third fourth century is that there is one God, but that one god is exists in three code eternal, con substantial substantial person's sorry, code, concepts, dangerous or anarcho central concepts tential. And the technical technical term is hypotheses, that these three are distinct, and yet they are one in substance and one in nature. So the three hypotheses are one. And so the doctrine of Christianity is that there are no three gods rather that there are three distinct yet one in substance and one in nature. Now, obviously, there's a lot of internal discussion what this means, but the point that

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this Christian colleague is telling his Muslim colleague is that no Christian sect has ever said that there are three gods and no Christian sect ever made marry a

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Part of the Trinity. So he is saying, according to this prayer, and this is, of course, a very common theory by

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polemics by those that are criticizing Islam by Christians who try to find fault with Islam, that what they end up doing is that they always say, Oh, the author of the Quran and by this name in obviously, the prophets of salaam, the author of the Quran didn't know Christian theology, they say, and so the Quranic language is incorrect, because nobody actually says this. Now, number of points to be said here. And obviously this is a very convoluted topic. We can spend many, many hours talking about Christian theology talking about these verses of the Quran and how they've been understood by over 5060 You know, amorphous Iran throughout the years. Obviously, this is a short

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answer to a much longer topic. However, the claim that the Quran is unaware that Christians believe in monotheism is simply false. The Quran is very clear Allah subhanho wa Taala says Saudi Lanka Bucha verse 46 wala to die due to Allah Kitabi illegibility here ISON do not argue with the people of the Book except in the manner that is best and then it the verses go on. And then Allah says and say to them what ILA who now what EDA who can wha head when a Hula, hula Muslim on your ILA, and our ILA is one and the same. You believe in one God, we believe in one God, and it is the same God and we have submitted unto Him. So the Quran is very clear that Christians believe in one God this is

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explicit in the Quran. So then how do we understand these other verses that seem to imply that Christians believe in three gods and this is the term for this is try theism. Try theism is the belief in three gods. Now it is true to say that some of them will first see rune did seem to understand this from the Quran. If you look at, for example, more cartoon, Sulayman and others, they do understand from these verses, the understanding that they get is that Christians believe in three separate and distinct gods. And of course, as we said, this is not and has never been the belief of mainstream Christianity. If you look at the majority of Mufasa, Iran, the scholars of Tafseer, they

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really kind of gloss over this point, they don't really dive into deep Christology or the beliefs of you know, Christianity is they don't have Christians. And of course, we excuse them for this because obviously, I mean, even most Christians are unaware of the development of Christian doctrine and the wordings of the Nicene Creed, the Nicene Creed uses the term, homo

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homoeostasis, I'm sure I'm mispronouncing the Greek term here, I have not studied Greek, professionally. But homo osis, is the term in the Nicene Creed. And what it means is that God has the same essence, God the Father, and God, the Son and God, the Holy Spirit, they have the same essence homos the same words, this is the essence here. So the unique in essence, despite the fact that they are three, now, as I said, the majority of amorphous children don't really dissected these verses, they just give a generic loveseat. And then, you know, they move on. However, some of them clearly the ones that are more well read in Christianity than others. Some of them do point out that

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some more unpacking needs to be done of them is, for example, for dinner. Razi, definitely one of the more well read of our scholars, he read many other traditions and many other books as well, many other philosophies for her dinner Razi, he actually notes he makes a point when he talks about these verses, that no Christian group ever claimed that Jesus and Mary were gods besides Allah, he actually writes this in his Tafseer. And he says, How do we answer the answer this? And he proposes his answer. Other scholars attempted other explanations of them again. So the scholars that actually dive deep into this are those that are more well read in Christianity. And again, I've said this a

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million times, all of our scholars are humans, all of our scholars, they, they have their their mashallah strengths, but they also, you know, they're not all knowledgeable, and especially in Christian theology, one would expect the majority of our Mufasa do and have never really, you know, studied in depth, what Christians say, those that did study were those that interacted with other civilizations, and especially those that lived in Honduras. And that is why, for example, even has them has a position for example, even hasm said that this must be one of the non existent Christian groups, and he actually mentions one, he calls it the Barbara Ania, the Barbara Ania group, and he

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said that this was a group that believed that Jesus and his mother were two gods besides Allah subhanaw taala they actually believe, according to him, and he says this sector is now extinct. So the Quran he is saying is referencing sects and museums that no longer exist anymore. And this notion was taken up by a number of authors including

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being salty and his teacher in their tuxedo Gela. Lane. They also mentioned this point as well. The problem with this is that, firstly, we're not sure if there was there was any such sect, there's really no confirmed evidence that such a sect existed. And secondly, even if it did, for sure, it was a very fringe, very small sect, it wasn't mainstream, even at the time of the Prophet system. Why would the Quran reference something that was never,

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you know, common amongst Christians. So and also the main point, we're not even certain whether there ever was such a sect as well.

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Imam mammals are to be as well and again, to be from Cordova to be interacting with Christians, again, we expect him to be more knowledgeable of Christianity than many of the other scholars of Tafseer and Immanuel Kant to be also problematizes. You know, this notion of Christian theology vis a vie these verses how does one reconcile Christian theology with these verses, and he mumbled to be a claims that, that even though he says, This is not what Christians believe, so he says, Look, what the verse is saying outwardly is not the technical, you know, belief of the Christians, but then he says, but it is the law Zimo Madhavi him it is the, the corollary, or the what would the beliefs

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that the Christians hold what they necessitate, okay? So your mama ought to be points out that even if the terms that the Quran is using is not the technical terminology, it is what Christian theology necessitates, okay, so that's what is called the lazy mu l madhhab. Or the the corollary is that like basically when you say something, what do you necessarily imply by it? So, the Quranic terminology is not what the Christians say, it is, what is the logical follow up it is the inevitable conclusion of what they say. Now, obviously, as I explained from the polemical Christian side from the orientalist and then those that are trying to criticize Islam, they claim that

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essentially the Quran is misinformed or the author of the Quran is misinformed or uninformed about trinity. And this was a common motif. Even Montgomery wants the famous Orientalism, probably the most famous Orientalist of the last generation. He also claimed this that it is very clear that, quote, unquote, the author of the Quran, was unaware of Christian theology. Now, how then do we explain all of this, I have two explanations, and both of them are valid, there is no either or here, both of them are valid. The first thing that we need to do is that we need to actually look up what did Arab Christians believe when the Quran came down, because you see, most western historians

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when they talk about Christianity, they're talking about the Christianity of Rome, or the Christianity of Constantinople. And they're not really looking at the Christianity of the Arabs and the Arabs at the time of Islam. When Islam when the Quran came down, there were two primary Arab Christians, you had the Christians of neuron. And then you had the standards. These were the two primary Christians as for the highest standards, there were a number of altercations between them and the prophets of some of the sahaba. The, even the Battle of to book was basically supposed to be against them. As for the Christians of neutron, they're the ones that came to visit the Prophet

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salallahu it he was setting them and they stayed in Medina, and they interacted with him.

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And Allah revealed Quran regarding them. So these are the two primary Christians that Islam or the or the early Muslims interacted with. And the Quran is being revealed in that milieu, in that context. So what we need to do is actually understand the theology of Arab Christians, the Christian Arabs of the fifth and early sixth century. And the problem comes is that we hardly have any remnants of their teachings of their beliefs, because the Arab civilization, by and large, did not leave us records. They didn't have books written at that time, it was a very different time and world in place. And it is difficult to reconstruct the theology of the detail theology of the Arab

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Christians. Nonetheless, in my wish is that I've done I looked up a number of things in this regard. First and foremost, there is a massive, very, very erudite encyclopedia or encyclopedic reference by Professor Irfan Shahid, who is actually an Arab Christian himself. Well, he's, he's passed away out of the last generation. And he taught to Georgetown for many, many, I think, more than two, three decades. And he wrote like, I think, a seven eight volume encyclopedia about Arab Christianity and of course, he himself was a Christian Arabs obviously has a personal interest as well. And if you look up this book, in volume six, he mentioned some research that he's done again, it's sketchy he

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did this three decades ago, I think in the 60s 70s. I'm not sure exactly when but he mentioned in this book, that these are standards were

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influenced by the famous Christian theologian, John Filipinas, who died 570, ie, at the time the process was born basically there was a very, very famous Christian theologian, John Paul Filipinas. He is well known to Christian scholars. And he is also well known to Arab, to scholars of Arabic intellectual history, because his works were translated into Arabic, and he's called the here and now how we yeah, here and now how we joined the grammarian, John Filipinas. And John Filipinas. Very interestingly, very interestingly, he had an impact on the lasondra Arabs, and he was considered to be a heretic by the mainstream Christianity of Constantinople. And part of his heresy was that he

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was accused by his contemporaries of try theism. This is very interesting. He was accused, even though he didn't say those words, but his beliefs were almost bordering on three distinct gods. And so in his own lifetime, and after his death, he was accused of being basically propagating try theism. And we know According to research done, that the son of the Arabs had in had been influenced by John Filipinas, and that they had absorbed this theology. If that is the case, which does appear to be the case, then in reality, the Quranic language is very, very precise. And it is amazing that the Quran is using terminology that would not be mainstream in Constantinople per se, but it would

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be mainstream amongst the audience that is being that is listening to the Quran. Now, this this idea has been further researched a few years ago, by another academic Professor block, in an article that he wrote for the Journal of Islamic Studies, entitled Philipa Nian mono for scientism, in South Arabia, at the advent of Islam with implications for the English translation of the data in the Quran. This is an entire academic article. And by the way, subhanAllah, there's so much research being done by people outside of our faith. Now, a lot of that research is obviously, you know, sometimes very problematic, and sometimes it's not. And the point is that there must be some people

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who are willing to go beyond because this is knowledge that really, frankly, our own ruler did not and cannot tap, because it deals with civilizations and languages that are not found. And we cannot expect somebody to know, you know, Philip paeonian model for scientism that's going on in Christian communities and other places in the world. So you have people that are outside of our faith tradition, doing some really interesting research, and you know, those that read that research and then take the good from it because again, wisdom and knowledge is transcends any one civilization history research, you don't have to be a Muslim to do research in science and engineering and

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history. It's the knowledge is there and those that are willing and there are capable to they should venture out and get the best of all worlds. And when they do that, obviously, they will be slightly different than anyway, that's besides the point here, but my point is that some research has been done. And if you read this journal article, he actually argues that the Christian Arabs of neuron so he talked about the the standards. Now he is saying the Christian hours of Nigeria, another another professor, Professor block, he has done research about Southern Christianity, southern Arabia and Christianity. And he has concluded that it is very likely that the Christian outcomes of nudge Iran

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were de facto try theistic, ie they actually their beliefs and their their understanding was that there are three distinct Gods again being influenced by Philip Aenean, ie John Filipinas, Philip and Ian Monroe for scientism. So this was again the technical term for his beliefs here. Now, this is particularly interesting because this basically means because realize Sudha Nyssa and sutil ma Ada, they will reveal because of the Christians of neuron they will revealed after the Christians of an Iran visit in Medina, and the Quran is then addressing them. And it is really impossible for us to imagine that an average person in Arabia would know the differences between southern Arabian

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Christianity versus the Christianity of Rome versus the Christianity of Constantinople and only Allah subhana wa Taala could have been so precise, that he is speaking to them in a language that they will understand and he is refuting them directly and then he is refuting other Christians indirectly and therefore, we will flip it around this colleague of our brothers, brother in law's colleague he is saying that the author is misinformed. We say rather you are misinformed, and the Quran is being infinitely more precise than it would have been possible. And the Quran is challenging the beliefs that were in vogue amongst out of Christians and using the terminology and a

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language that

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is rebuking them for what they believe and the fact that ALLAH SubhanA wa Tada distinguished between their versions of Christianity versus others, it could not come from an average person living in Arabia. Now, that is my first response, we can add to this response and it is a very good answer as well. And I also like and agree with this one, and there's no contradiction we can give both of these responses and this, this is a response that has been proposed by a number of researchers and I, myself am very much inclined towards it and, and of the researchers as well that proposes this is a friend of mine from Yale, Joseph Cummings, we were together in the department and and he has a PhD

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about certain issues of this of this nature. And we had a lot of discussion about this while I was there, and he also has this type of notion and In summary, what it agrees with what Sorry, what it argues, is that the Quran is using the language of popular belief and not the language of abstract creeds. So in other words, the Quran is dealing with the lived experience of Christians. And the Quran is calling them out ALLAH SubhanA wa, tada is rebuking them for essentially deifying, Mary and Jesus, even if they don't use the word God for Mary, right, because again, the Quran says that you have taken Mary and Jesus as gods. And the Christian says, We never say Mary is a God and the

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responses. We don't care what you say. Now remember, we're talking about the Christianity pre reformation. My audience here in America is more aware of Protestant Christianity, Protestant Christianity, what are the main things that they did? Was that Martin Luther, it is very clear that he was influenced by many factors, including the Quran, for Luther read the Quran, Martin Luther, his version of Christianity clearly is closer to our version of Tawheed, than Catholic Christianity. And you have to realize, before Martin Luther, obviously the world, the default was the Catholic version of Christianity. And in Catholic Christianity, Mary is invoked for one's needs people invoke

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the Virgin Mary. And if you go to a Catholic church, you will find icons of Mary and Jesus and the bay and you go to a Protestant church, you're not going to find that, right? Because, again, the whole notion of the iconic cosmic battle between the two groups, which again, not our answer here, but my point is that Protestant Christianity, which is what most of my viewers are familiar with, is very different than the Christianity before Christianity before Protestantism, the mainstream Catholic and Orthodox and whatnot, their version of Christianity really did take Jesus as and marry as object will even Protestants to Jesus but not marry as objects of worship. And Allah is speaking

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to Christians with regards to their lived reality, and not with regards to the Creed's that the advanced counsels propagate. In other words, they might say that God is one. But in reality, in their minds, God is three, they might say that Mary is not God. But when they invoke her, and they praise her, and they asked her for her needs, they have made her into a god in that they believe she will respond to them directly. And so in their worship, and in their psychological framework, Mary is a God, even if they don't use the term God. And so Allah subhanho wa Taala is using terminology that is very precise, not according to the sophisticated developed statements by the councils in

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Rome, or the councils of Nicaea, or the councils in Constantinople, or the council's and in other places.

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They had a number of, you know, like 12 different councils one by one, and each one is named after the place and the locality and each of these councils propagated Christian theology Subhanallah, Allah azza wa jal is basically saying, I don't care about your councils, your councils mean nothing. What is the lived religion? How do Christians actually live? What do they view the Trinity as how do they deal with Jesus and with Mary, and so the Quranic terminology is, in fact very precise because Allah subhanahu wa taala is dealing with the reality as it exists, and not how it is propagated in fancy councils. And therefore, we say that the Quran is referencing the belief of the common

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Christians and especially the belief of the out of Christians and asking them to correct their misunderstandings in accordance with their actual Shewhart or their actual arguments and hours for your friend who's criticizing Islam. Your friend is lost in abstract Creed's, so we say to him, that rather than trying to find fault with the Quran, he

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You should realize that the Quran is doing a much better and a much more precise job of challenging Christian belief and refuting, refuting it. And we say to this friend of yours, and please show him this video clip, that if he is a true Christian, he should ponder over what the Quran is saying. And in fact, even what the Bible has said, and what Jesus himself has said, that neither is there a trinity, nor did Jesus ever preach a trinity, nor did Jesus ever preach his own divinity. Nor did Jesus ever say, to worship him, or to worship Mary. And this is exactly what the Quran says. And this is exactly what the New Testament and Jesus himself said. So that is the response to our first

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question, and Allah subhanho wa Taala knows best.

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Our second question.

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The next question is from SR. Saba. And it's a very sensitive question. So I'm giving you a trigger warning here that this deals with sexual assault, that she states that there's a lot of talk going on right now, regarding a recent case of a particularly vicious crime of rape in a particular country, she mentions lady ran out of gas, and as she was waiting for some help, some men came and sexually assaulted her in front of her children. And she says that there's a lot of talk going on amongst the scholars amongst the laity amongst the politicians. What is the Islamic punishment for rape? And can the perpetrators be made an example of and also a lot of people are talking about

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whose fault is it blame is being assigned, sometimes even to the victim? So what is the Shetty I say about all of this? Now, obviously, I've given you the trigger warning, this is going to be very explicit response. So you know, keep this point in mind. Also, I did not mention the name of the country, because what concerns us is the Islamic, you know, that what concerns me in this q&a? Obviously, I'm not living in that country, I don't have the right to speak specifically about the cultural context of what is going on. But I will speak generically from a religious perspective. And there is no question that one of the primary goals of the Sharia is the protection of family and the

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protection of honor. And that is why for this reason, in order to protect the family, and to protect honor, for this reason, the Sharia has revealed so many laws, it is one of the fundamental

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five goals of the Shediac Excuse me. So one of the fundamental five goals of Islamic law is to protect honor and to protect Nestle or to family. And that is why marriage has been legislated. And all other avenues that are outside of marriage, all other avenues to satisfy one's desires have been criminalized and penalized. And there are severe punishments, especially for the crime of rape. And in fact, there is a Hadith to this effect as well. There are a number of traditions found and again, there are multiple versions are summarized for you what is surely the most authentic version that it is mentioned in Surah, Budo, than other books that a lady was going for Fajr to the masjid in in

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this time of the Prophet salallahu alayhi wa sallam, and a man overpowered her and raped her. And when she managed to basically push him off or whatnot, or after the act was over, she began shouting and yelling that she had been assaulted. And people want to try to find the person and a group of Maha Joon want to look for this person. And she complained to the Prophet salallahu alayhi wa sallam as well that she had been assaulted until a person was was brought to the masjid. And the group that had been sent to find somebody, they found a lone person, they they brought him that he seemed guilty. They brought him and initially she said, Yes, that is the man. But when the process of

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continued to interrogate and the news spread, that there has been a rape, so another man confessed and said, I did it almost drivel law. So the first man was let go, he was apologized that we're sorry, we got the wrong person, basically. And the second man, it was ordered that he be executed, that he be executed. And the Prophet system spoke kindly to the woman and basically let her go and said you are not sinful. Now, this hadith is actually this incident is actually very

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profound for us in terms of the lessons that we can derive from this, a number of things, realize that these crimes that occur in every society, I mean, even in prophetic Medina, even in the time of the Prophet sallallahu alayhi wa sallam, where society is a role model society, where everybody's Iman is the highest in human history. You still have some scum, you still have the worst of the worst, you still have criminals. You see, you can never eradicate criminality from the hearts of people in a society. You can strive you can build a prophetic Medina, but you cannot enforce that level of piety on it.

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Every single person, and no matter what society does, there's always going to be criminals and murderers and thieves and rapists, you're always going to get the dredge and the sludge in the and the lowest of the low the scum of the earth. There's only so much that you know, laws can do on eemaan That you preach at the members can do. I mean, are we gonna we're gonna we understand this point in the medina of the prophets of Allah while he was setting them where the prophet systems give me the ultimate every week where a worker on Earth man and God, Allah, I know where all of the Sahaba you ever you've ever heard of, they're living in that city, in that city, this crime occurs.

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So Subhanallah there is evil everywhere, there was even evil in the city of the Prophet sallallahu alayhi wa sallam in that timeframe, there's only so much that laws can do. In the end, every person has to preach and teach every person has to do whatever he or she can also realize that this is prophetic Medina, and so everybody is acting in an in a professional manner publicly, everybody's dressed in a professional in Islamic manner, still, this deed occurred. So again, we have to be very clear here that while it is true, that Islam mandates dress codes on men and on women, and while it is true that that is an important aspect of our morality, to claim that if everybody dressed in a

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certain manner, rape would not occur. What do we say to this incident here, despite the fact that everybody is dressed according to prophetic standards, the way that they should be? And they should, by the way, I'm not saying that, that, you know, we should neglect that, of course, we should encourage modesty encourage proper dress code. But no matter how we do that, it's not going to change that there's going to be scum, there's going to be evil people, there's going to be people with the disease in their hearts. So this is another point that we need to take to be explicit about. Yet. A third point that we can be explicit about is that the lady was walking to fidget

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alone. She didn't have any person with her. And she complained. She cried out that, you know, she had been assaulted. And people came and went and search parties were sent and she went to the Prophet salallahu Alaihe Salam, none of the Sahaba reproached her, none of them said, What were you doing outside? None of them said, Why did you leave your house she was going for a legitimate reason. It's not her fault. If you go for it. She's going to pray Fudger and she's going in the city of Medina, how can she be blamed for going about her daily business? So to assign blame on somebody who's not doing anything wrong, and to make them feel or the biller guilty or responsible for a

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crime that they have nothing to do with? Or with Ebola, you are causing, you know, PTSD or causing shock? You're causing an extra layer of guilt for absolutely no reason. The Profit System did not tell the lady What were you doing outside alone? None of the Sahaba said to her, why were you walking to the masjid alone, it's a legitimate reason. And she's in her city is a safe place. And she had every right to do what she is doing. Yet. Another important point that we have to stress here again, and again, this is a very frank talk here is that this lady, obviously, I mean, understandably, she is traumatized. And the first man that is brought, she says yes, that's him. I

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mean, it was dark. It was prefetcher. It was you know, she's not 100% Certain. And so the first person she sees that the MaHA Julian brought to you know, they they found one man wandering around in the vicinity, and whatever, and they dragged him to the masjid. He's protesting. What do you mean, I didn't do anything I was here. And initially, suspicion is on him. And even the lady again, innocence, nothing, you know, it's not her fault. But she assumes Yes, that is that person. It was him. And so the interrogation is increased, like why we're Why did you do this? We're trying to extract evidence, because obviously, this is a very, very sensitive point here. And I want you to

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understand this point. Wallahi, we understand that, generally speaking, generally speaking, when a lady says that she has been assaulted, she is telling the truth, no one wants to lie about this. But at the same time when she identifies the culprit when she says who it is, and it is the circumstances of this type of Hadith. Let it's dark. It's what not? How can we be 100% Certain, we have to be careful here, that there must be some evidence beyond just one person versus one person. If we were to open this door, everybody can accuse anybody of any crime, and we would be and so this is a very, very difficult issue because we neither do I want to put the onus of proof on an innocent

00:34:44--> 00:35:00

victim, but nor do we want to make somebody who's innocent victim as well. Here in this hadith we see that an innocent man was dragged in front of the prophets of Saddam, the Sahaba are getting irritated because they're certain it's him, because she says it's him and it's not her fault.

00:35:00--> 00:35:41

because it was dark, and she's traumatized and whatever, you know, she might have had in her mind. So she see that person. And by the way, in America, how many times how many times have we and especially when the ethnicities are different? Do your research on this regard? How many times has a lady sworn under oath, that that man did it? And she is certain that it is that man. But it turns out 510 2050 years later, DNA comes as she finds out, no, it wasn't him, it was somebody else. Subhanallah you cannot base a guilty verdict just on the memory or recollection of one person no matter how. And you know, this is why it is so important that we believe in the ACA, because justice

00:35:41--> 00:36:23

sometimes is not served in this world. And I speak directly to all victims of abuse, try to get your justice in this world, you have every right to try. In case you don't get it Subhanallah you have the akhira and you will get ultimate justice and Allah azza wa jal will give them all the room will give them a loan, every single reward that is coming to them, and will punish the volume according to the level that they deserve to be punished. We also see from this incident, another important point. So there is this notion that unfortunately, is taught in some societies, and that is that we should not publicize these crimes that the guilty party should basically sorry, not the guilty

00:36:23--> 00:36:54

party, sorry, the victim, excuse me scrub that the victim should be quiet and save the honor of the guilty party. So trying to say that the victim should not shame the guilty party, especially if the guilty party is a friend, a family friend, an uncle, a relative something of this nature, and you know, it's happening, she should protect the honor of the person. And to this, we respond. Here we have, the lady is screaming and yelling and saying this happen and you know, calling for a punishment.

00:36:57--> 00:37:50

And excuse me, and calling for punishment, and nobody said to her, Oh, you have to protect the honor of the criminal. The criminal has no honor to protect the rapist has no dignity that you should shelter him with. There is absolutely no problem in exposing the crime of a predator. And the one who has been a victim has every right to accuse the one who has victimized or has oppressed or has molested or has done anything she or he because again, let's be honest here, it's not just women, you know, men and children also get molested in this regard and sexually abused. It is 100% Islamic 100% Islamic that the victim of these crimes is explicit about the one who has done this now. This

00:37:50--> 00:38:26

is where it gets a little bit, you know, problematic in that third parties, and should they say or not. And we say that third parties if you have nothing to do with the case, if you don't know now, what do I mean by this, you have a person and another person, both of them are accusing each other or you're lying or you did this and that if you are involved, and you are in the relationship of those one of these two, and you know the story, in this case, you have every right to get involved in defend or accused or whatnot. But if you're watching from a distance, if you're watching online, if you're seeing things from afar, in this case, we have to remember the Hadith of the famous

00:38:26--> 00:39:02

incident of the slander of Isha when somebody accused her with a brunette with with our mother, Aisha Radi Allahu Allah, and Allah says in the Quran, why did you have to speak? Why did you have to say anything? If you're not involved, be quiet. If you're not involved, it's not your business and let justice take its course. But the victim goes to the court, the victim goes, in this case you want to the Prophet Sall Allahu Allah who was setting them in any society or land, she should or he should go to the police go and present your evidence. And the other person comes in and defends and whatnot, that their business third parties, when it comes to specific people accusing each other? If

00:39:02--> 00:39:40

you don't know, then you don't you really don't know. I mean, unless there's evidence Unless the Court has ruled unless everything in this case be quiet if each one of them is negating or accusing, and it doesn't, it's not clear which one is telling the truth. They're both your Muslim brother or sister. In this case, it's not your business to really get involved unless certainty is reached unless the trial is taken place and it is clear who the guilty party is. So again, we have to differentiate Why do I say this? Because all too often, social media itself becomes a circus and drama All too often. tattletaling and gossip and innuendos and slander makes the situation much more

00:39:40--> 00:40:00

worse than it needs to be. And if you do not know what happened, then be quiet. If you're not involved, be quiet. If you are involved, then no problem. Speak your mind. No problem, say what needs to be said no problem. Be an alibi or talk about evidence that is exactly the difference between those that are directly involved in the case and for them. There is no

00:40:00--> 00:40:14

Silence go ahead and speak what needs to be done and take it to justice versus those that are not involved in the case. So this is also a point that we derive from this from this issue as well. Also, another point that we derive is that our Prophet Sall Allahu alayhi wa sallam

00:40:15--> 00:40:57

spoke gentle words to the lady and let her go. And this clearly indicates that, obviously, it's common sense that the victim is not guilty. The victim is not guilty in this regard, that if something of this nature has happened, nobody should feel that it was my fault. This is one of the common psychological issues that especially youngsters and especially, you know, vulnerable people, they begin to think maybe I did something, maybe I said something maybe I sat in a certain manner, dear brother or sister, dear child, dear victim of molestation, it is never, ever your fault, you did not do anything to justify whatever happened to anybody who did something to you. That is, that

00:40:57--> 00:41:37

is something they have to answer in front of Allah for, you should never feel any type of guilt, if you just if you you are not guilty for the perpetrator doing something against you. So don't let shaytaan come to you and start working in your mind in this regard. Now, also, we have to realize as well, that in our should era, of course, now this is again, a very sensitive topic here because I just said that this isn't prophetic Medina, I just said everybody's acting in accordance with the Sharia. I just said everybody's dressed in accordance with Islam. Now I'm gonna say something that I do need people to pay attention to, you can have two separate and distinct issues, both of which are

00:41:37--> 00:42:15

equally valid, they're not mutually exclusive. It doesn't matter what is going on around you, it doesn't matter how somebody dresses, it doesn't matter what is going on. The rapist is 100% guilty for the rape, the criminal is 1% guilty for the crime, the one who steals the thief, the murderer, all of them wanting to present responsibility. That's all there. That having been said, we as individuals are also obliged to do whatever we can, whatever is reasonable, knowing that we can take all the precautions and still something can happen. You can lock all your doors, and you can make all of your security alarms and still somebody can, you know, break into your house and steal. You

00:42:15--> 00:42:53

can be very careful as you're walking down the street and make sure that your your your wallet is in a particular place and whatnot. Still a pickpocket can come and find it and you know, a pickpocket, you still that doesn't negate the fact that you try to be wise and you try to be sensible, the two are not mutually exclusive. And this is where it gets sensitive. Because when I say for example, that once you take reasonable precautions, the immediate response is oh, you're a victim shaming? No, I am not not at all. As I said you can take all the reasonable precautions and steal something and happen. Now again, I'm not talking about this particular case. To me, it appears that there was

00:42:53--> 00:43:36

nothing unreasonable but again, I'm not I wasn't there or I didn't know the whole details. But I'm saying I'm speaking generically, I'm not speaking about this one case here. And so there is no doubt that the more precautions that you take in a reasonable society, the better it is. And we also have to point out to the the the vulgarity and the indecency that is now predominant across the globe. It is very true to point out that this type of violence that we are seeing, it's it's, again, we're not exonerating, it's 100% the rapist fault, but the overt sexualization that is happening across the globe, across the globe, in Hollywood, in Bollywood in law, the world in every single society, the

00:43:36--> 00:44:15

the the pornography that is rampant. And again, it's an awkward thing to say brothers and sisters, but do you know that and the top 10 countries in the world, I believe five of them in terms of pornography, five of them are Muslim countries, right? I think what was on Pew survey or something like that, that the top 10 countries in the world, right, that I would have been less searched this type of stuff. Five are from Muslim lands, you don't think that's going to impact now again, I'm not saying there's a exoneration I will do biller it doesn't matter how somebody dresses it doesn't matter what the man has seen, it doesn't matter what's going on. In the end of the day, the rapist

00:44:15--> 00:44:57

is guilty. And the end of the day if a man feels an inclination, he has to deal with it and he has to take care of it in a halal manner. He is not allowed to just go and do whatever he wants. Still, as a society, we need to ask ourselves that what are we doing? Is this healthy? Is this normal? As a society? We have to have very frank conversations in this regard that is it good for society to allow pornography? Is it good to allow the objectification of women the two are separate? It doesn't matter how much you objectify women it does not give one allowance one millimeter of an allowance for the rapist. Still, as I said, you lock your doors and you take precautions and still then you

00:44:57--> 00:45:00

put your trust in Allah subhana wa Tada and it's possible still you

00:45:00--> 00:45:47

If you can be robbed similarly, we do our job as much as we can. And we act in a manner that is Islamic decent, our interactions with the opposite gender, our dress code it is there Yes indeed. But even if you have it, you can still be raped as happened in Medina, our societal norms decency. My point is that those precautions, generally speaking will minimize Yes, but they will not eliminate those precautions will help society but they will not eliminate 100%. And it is a awkward reality. And I speak here now, especially to the men that are listening. And I want to say something again, very, very frank over here. I want you to have a very awkward conversation with your loved

00:45:47--> 00:46:37

ones of your female relatives, your sisters, your wives, if you if you're able to because again, it depends on culture to culture, even ask your adult daughters or other your aunts or whatnot if you're able to because again, this all goes back to your hire and whatnot. And again, vary but definitely, you know, your wives and your sisters that you're able to speak with. Ask them a very, very blunt question. Have you ever been in any way fashion or form molested? And you will be shocked because survey after survey has shown that the statistics of being molested or catcalled or groped, especially in Muslim lands, it is beyond belief. One survey which I read actually it's not. So I saw

00:46:37--> 00:47:26

the United Nations website actually. And they have a survey in many, many countries in one Muslim that I'm not going to mention which one but it is predominantly Muslim. Some of the greatest aroma of the world live there and whatnot. In one Muslim land. They said 99% of the women they surveyed 99% had been in some fashion or form molested by molestation we mean, groping, you know, in the crowd, somebody does something cat called just walking in the streets 99% And one wonders like how why what there is no question in my mind, there is no question that that statistic did not exist for the bulk of human history. There is no question that for most of humanity,

00:47:27--> 00:48:08

a woman walking down the street is not going to get grabbed or the biller, you know, touched or groped or poked her Oh, the biller, I was a biller, and yet 99% in a Muslim land. And I'm telling you, dear brothers, you think that it's not happening in your own with your own family members speak to them? Why? Why am I saying this thing? Because I need you to understand that you think it's not happening, you think it's doesn't exist, but it does exist, and it exists under our very noses. And it is our own daughters and our own wives and our own sisters and our own mothers in our own hands. They're the ones that are getting all of this and who's doing it collectively we are as a society,

00:48:08--> 00:48:47

we cannot it's an open secret, we cannot be quiet about this. We have to collectively come together and start Manning up policing our own, making sure our young men are taught who's doing all of this groping who's doing all of this raping, who's doing it's our own men, it's not some foreigners, it's not some innovation for it's our own youngsters being raised amongst us coming to our massages, if we are not going to speak out if we're not going to teach them if we're not going to be blunt and frank about this reality. And if we keep on ignoring it's taboo and whatnot, how are we going to solve this problem? Here in America here in America, they did a survey. And again, unfortunately,

00:48:47--> 00:49:27

many Muslims don't do these types of surveys the way that they should, because they think it's taboo. And I understand they think it's taboo, thinking it's terrible is not going to change the situation in America. Three out of five children, three out of five children reported that some type of molestation happened to them. Do you understand three out of five, I would have Billa. How can this be happening? And you know, unfortunately, the majority of these cases who is the one who molest them? It's not some stranger on the street that comes in grabs them or pokes them? No, it is a family friend or a relative. And I'm sorry to be so blunt, but somebody has to speak up. Somebody

00:49:27--> 00:49:59

has to call a spade a spade. the guiltiest culprits are typically your own family and friends. And I'm not telling you to go berserk and suspicious and everybody. I'm telling you to take reasonable precautions. I'm telling you to you need to monitor your own family. I'm telling you, especially those that deal with young children. The parents hear that you need to teach them you need to teach them at a very young age what isn't isn't allowed, and if a young child comes and tells you that somebody's doing something, chances are again, not 100% but 99% Chance

00:50:00--> 00:50:34

Chances are I mean, a six year old does not lie. Chances are they're not you know, I mean, five year old does not know what sexual molestation is for them to come and tell you that they're feeling uncomfortable this is happening and what not. And there are ways to extract information go to a child psychologist and whatnot. But my point is dear parents will lie. We live in evil times. We live in dangerous times. You need to teach your children both men and both girls and boys. You need to teach them how to act, how to be dignified, what isn't isn't allowed. You need to teach them the realities of our faith, you need to teach them higher and decency. We are surrounded by filth and

00:50:34--> 00:51:12

far harsher and fitna and facade yesterday put a post on Facebook, about this latest movies by by Netflix about these young girls now with a bit less suggestive dancing and whatnot. And I have a long post, you can read it to whoever's watching the video, you know, this is September of 2020. You could look on my Facebook posts there and see what I posted about this movie cuties or something from Netflix. Oh, the biller, we are literally destroying our hire, and we are now reaping the consequences of that. Now, again, these two are separate points here doesn't matter how much fascia is taking place, it does not absolve the responsibility of the rapist. In any case, I have spoken

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quite a lot. I need to finish up this question. Actually, the question was about the punishment. And the punishment is very clear here. And that is that no matter what else is going on outside, the rapist in the end of the day is responsible doesn't matter how much pornography doesn't matter how she was dressed, doesn't matter what she you thought was provocative. All of this, whether it's a crime or not, that's between her and Allah society and Allah what not, you as the perpetrator are guilty for doing a crime, and you have to pay the consequences for that. And again, a lot can be said in a nutshell. In our Shetty, somebody who commits this type of crime of holding, you know,

00:51:51--> 00:52:34

this is now you know, in public, you know, she was in public, she, her car is out of gas, he pulls a gun out and whatnot. This type of crime it is called Hiraga and Hiraga. I mean, they translated as highway robbery. Helaba isn't just highway robbery Hiraga Helaba is to break the safety of society. And rape is a type of Hiraga especially when it is done in the manner that it was done. And the Quran is very clear about the punishment of herrada. Listen to the spirit and the verse 33. Look it up. So there might be the verse 33, the penalty for those who wage war against Allah and His Messenger, and who spread evil and corruption on this earth. And this is what Helaba is they're

00:52:34--> 00:53:11

spreading evil. This is what herrada is you you hold up a lady on gunpoint and you're a pro in front of your kids. This is horrible. This is not a robber, what is how about going to be the penalty for those who do Harada is number one they be killed. Number two, they be crucified or they be crucified. Number three, their hands and their feet be cut off on alternate sides. So if you cut the left hand, you cut off the right so that it's a marker for as long as the person lives or number four they be negated or deny they be sent into exile from the land that they are in Allah munches for things. And our scholars mentioned that the ruler, the judge, the court can look at the case and

00:53:11--> 00:53:32

then decide based upon this. So Hiraga are crimes that threaten social and societal order. And generally speaking, there are crimes that are forced upon somebody when you if somebody were to be operating a mafia gang this is how robber if somebody's you know, having a checkpoint where they steal people when they cross a particular that's how robber

00:53:33--> 00:54:17

gang rapes have this issue. That's That's how robber Now, interestingly enough, Imam Malik Imam at Ozaki Mambo Hanifa, the 100 chemotherapy mobile use have they actually said that this verse means this is their interpretation that somebody's in chapters didn't agree. They said that this verse means listen to this lot of Muslims don't know this is Islamic law according to this roadmap, that you are allowed to crucify these people in public and kill them. Now. What does crucify mean? Crucified does not mean you put them on a cross, crucify means you put their bodies on a pole, right? And you then kill them in public on a poll, and you leave the body there for everybody to see

00:54:17--> 00:54:57

that this is the man who caused that rape. This is the man who killed those family and children. This is the man that does not you want to send the message to society, Islamic punishments are very different than Western punishments. The whole Western system of punishment is a dismal failure. Look at the American penal system. It is one of the most dismal failures of this country completely corrupt completely. It's a money making scam, which we don't have time to get into here. It does nothing other than spend our taxpayer money and then treat people in the most inhumane manner for the most trivial of crimes. Islamic punishments Islamic law makes so much more sense because one of

00:54:57--> 00:55:00

the goals of Islamic punishment is prevent

00:55:00--> 00:55:30

intuitive, it is shocking all you want to send the message, nobody should do this, you are allowed to according to Imam Malik, according to the Hanafi madhhab, you are allowed to take this rapist and put him on a steak or a peg so that everybody knows this is the man who did this, let him be tortured to a certain extent, and then kill him on that steak and leave that body there for a period of time, so that everybody knows this is going to happen. And then of course, you give him the burial.

00:55:31--> 00:56:08

The other tumors have said that you kill him. And then you put the body on a steak. So the differences between when should the killing be done. So the Hanafis and Maliki's they say that you may put him alive on the steak basically, right? Put him alive there, and then you kill him on that steak and then leave the body there. And the other two madhhab say that, well, you're supposed to execute or kill him, and then put his body through the corpse so that people see. And again, Jani, my teacher, Sharon Earthman, would say this goes to a case by case basis, both are allowed, depending on the severity, and in this particular case, I will the biller in front of the children

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and you know, in a public highway and whatnot and all of these things out with Ebola with Ebola. I mean, it seems very clear to me that if you're not going to make an example of these people, then who what is the purpose of any example here. So Islam allows a very, very, very harsh penalty worse than the penalty for murder, because now you are disrupting because the penalty for murder is simple execution just by the soldiers, could you drop that off? That's it. These types of crimes, you don't want just a simple execution, you need to send the point across. And so Islam definitely allows this, and it is up to the judge, or the federal courts or whatever, if they're judging by the

00:56:46--> 00:57:23

Sharia, as well, the Sharia also gives a financial compensation to the victim. And this is dependent on the judge where the judge will basically decide financial amount to the victim, that the the perpetrator. So there's two hooks, basically the hack of Allah and the help of the victim. And the one who does these types of crime, the hack of Allah is that they be executed by this methodology. Or if it's less than this, if it wasn't raised something else, maybe the Quran says left and right hand side. So for example, if they did continual highway robbery, some a drug dealer, let's say right, somebody who's selling drugs to society, it's possible for an Islamic court to say, we're

00:57:23--> 00:57:56

going to cut off his hand from right hand from the end his foot from the left, so that for the rest of his life, nobody is going to be like that, except somebody who has been marked Oh, that's the guy who is the drug dealer, every drug dealer is going to be terrified when they hear of this case. So the Quran actually allows very harsh penalties. And if you ask me, Well, Allah, it's so common sense. How can anybody how can anybody make fun of our mock the punishments of the Quran? What else are you going to do when somebody does this, you're just going to throw him in a air conditioned cell for 50 years, feed him five course meal and while and let him watch TV and you know, magazines,

00:57:56--> 00:58:30

as most European countries do, or even in America, you're just going to let him live like this. That's not you need to send the message. And you need to give this point that nobody should be allowed to do this. So that's the hack of Allah and ask for the help of the lady or the health of the person. So a financial compensation that the Sharia will mandate and the courts will decide how much you know that's going to be that at least something of course, the money is not going to bring back you know what has been taken away, but at least it makes life easier, she's not going to be able to work for a while etc, for a while he or she can at least benefit from that. So that is the

00:58:30--> 00:59:12

answer to this. And in the end of the day, dear brothers and sisters to conclude on this will lie this is a very sensitive topic. It's a very difficult topics a very emotional topic, even I got a little bit emotional, but will light we need to, we need to pull our heads out of the sand. This is a lived reality as a person who is a member of our community a share or whatnot. I get bombarded with questions with personal issues that it makes me sick to my core I get emails from our with the villa with the villa. People that tell me what's going on and it makes you sick to the stomach. How many, especially ladies, but also men have come to me and told me about what happened to them as a

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child and now they're dealing with this as a trauma. You know, they have to deal with it for the rest of our lives. Really brothers and sisters, have frank conversations with your immediate family members. Make sure that there's a safe space within the family. Make sure that you can trust one another. Make sure that if anything happens, your children know they can go to you. There are books there are articles, there are references and guides parents especially do not be naive parents I speak to parents around the globe. You are the number one line of defense after Allah subhanho wa Taala you are the number one and I speak to normal parents there is a small percentage or a little

00:59:47--> 01:00:00

below the parents themselves are typically the man sometimes I will do better with the biller. But generally speaking, the parents are the first line of defense you have to educate yourself and you have to then educate your children. And that education starts at

01:00:00--> 01:00:34

A very, very young age, even the age of three or four, you can tell your child about, you know, nobody should be touching you and your private parts, something like this, nobody should do anything like this, if anything happens, you know, I mean, wherever you read your culture and your books, because it varies from time to place to culture, but you should be very aware and cognizant, and take as many reasonable precautions as you can without, you know, going too extreme because again, you can go you know, too extreme in this regard and start doubting everybody. That's also not, you know, good to do but do realize that it's a statistical fact that the majority of these molestation

01:00:34--> 01:01:05

and rape cases that occur from extended family and from extended friends because they are the ones that have access to these children and whatnot, or, or whether it's even out to Biller, and again, I'll be honest here, I mean, the Quran teacher or the mod visa or whatnot. I mean, again, these are all things that you need to be careful about. And I'm not asking anybody to doubt every single person or that, you know, sometimes bichara more results already, you know, in a lot of stress and underpaid. Now, you're going to start doubting him, and he's an innocent person, I'm not asking you to do that. I'm just asking you be reasonable. There should never be complete privacy, never

01:01:05--> 01:01:40

complete privacy between your son or daughter, and any other person, there should be in a public space. If there's teaching going on. If you send them over to somebody's house to play, make sure you know their environment and whatnot. And you know, all of these things need to be discussed. I cannot dictate to your personal preferences, but be aware, be cognizant, speak to your spouse about how you're going to raise your children in this regard, and do whatever you can to spread awareness and to raise the bar of decency and morality. In the end of the day. Allah azza wa jal is the one who appointed with whom justice is sought, and the day of judgment is where every hacker will be

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returned to the one that was taken away from and every loon will be answered to. So in case justice is not delivered in this world, we want it to be delivered in this way, in cases it is not delivered. We always have the Accra to look forward to on that day, we ask Allah azza wa jal to protect ourselves and our loved ones and our families from all evil in fact, who shall we ask Allah azza wa jal to make sure that these types of crimes they are eliminated from our immediate circles we ask Allah for his Afyon Wafaa in the deen and the dunya and until next time, Zack Mala Hi Ron was set on windy kilometer Allah Who bought a couch

01:02:16--> 01:02:24

in Mussolini now Lima T one meaning Mina team one quantity now

01:02:25--> 01:02:33

the most slowed in pain I was born in Ponte wasabi arena was Flavio karate one before sharing you know

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what unfortunately no one was watching it one downside BMP now one downside being Ponte was on me I was on

01:02:52--> 01:02:59

wouldn't have you Lena photo gentleman one half year warranty was that good enough? Guess

01:03:01--> 01:03:05

what the going on? I don't know who

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what and gentlemen nauseam