Jurisprudential and Legal Study of Adultery and Rape: a study of the concept and Method of Establishment

Document Type : Research Article

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Abstract

Sexual acts beyond the prescribed limits are considered immoral in different societies, and members of society usually resist them. Indicating the proper lifestyle in various aspects toward achieving perfection, the religion of Islam has prescribed certain punishments for these heinous acts. Two examples of such acts are adultery and rape. One of the issues raised in the process of establishing the offence of adultery is the neglect of the rights of victims in cases of rape. The reason is that the Divine Legislator has made the methods of establishing this offence extremely strict to preserve certain interests in human life. As a result, the rights of victims of rape are often disregarded. By studying the Islamic procedure for establishing crimes committed against God and those committed against people, and by clarifying the concepts of adultery and rape based on Islamic traditions, the present article explains the difference between them and argues that, following this distinction, the process of establishing adultery—which requires mutual consent—is different from that of rape.

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Journal of Islamic Law Research
Volume 12, Issue 2 - Serial Number 34
September 2012
Pages 101-132

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History

  • Receive Date: 08 July 2011
  • Revise Date: 26 July 2012
  • Accept Date: 19 September 2011

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