Rape and consequent Sharee'ah rulings
17-8-2015 | IslamWeb
Question:
What is the Sharee'ah ruling on rape? What are the consequent rulings regarding both parties?
Answer:
All perfect praise be to Allaah, the Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
Indeed, Zina (adultery/fornication) is one of the gravest major sins that are deemed forbidden in Islam. Allaah, the Exalted, has forbidden engaging in foreplay and any sexual activity that is conductive to sexual intercourse outside of marriage. Allaah, the Exalted, has warned His slaves about Zina and has forbidden them to practice it as He said (what means): {And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way.} [Quran 17:32]
Allaah, the Exalted, also says (what means): {Tell the believing men to reduce [some] of their vision and guard their private parts. That is purer for them. Indeed, Allaah is acquainted with what they do. And tell the believing women to reduce [some] of their vision and guard their private parts...} [Quran 24:30-31]
Allaah, the Exalted, prescribed corporal punishment for Zina. The prescribed punishment for those who are not currently married nor have been married before is that they should receive 100 lashes (of moderate intensity) and be exiled for one year. Allaah Almighty says (what means): {The [unmarried] woman or [unmarried] man found guilty of sexual intercourse—lash each one of them with a hundred lashes, and do not be taken by pity for them in the religion of Allaah, if you should believe in Allaah and the Last Day. And let a group of the believers witness their punishment.} [Quran 24:2]
As for the prescribed punishment for the married person or the one who has been married before, it is stoning him/her to death. This is of course if the illicit intercourse has been committed with the consent of the two parties.
However, if the two parties, or any of them, were compelled to practice this illicit sexual intercourse (as in the case of rape), then the compelled party bears no sin. The Prophet, sallallaahu ‘alayhi wa sallam, said: "Verily, Allaah has pardoned my community for the wrong acts that are done out of mistake, forgetfulness, or under coercion." [Ibn Maajah]
By and large, if a Muslim woman commits Zina, she should turn to Allaah, the Exalted, in repentance and seek His forgiveness. A man who commits rape is obliged to pay a dowry for the woman whom he raped, and she should observe an ‘Iddah (post-marriage waiting period) of three menstrual cycles so as to make sure that she is not pregnant, according to the opinion of the Maaliki and Hanbali scholars.
Ad-Dusooqi 
said, "If a woman commits Zina or is raped, she should observe an ‘Iddah of three menstrual cycles so as to make sure that she is not pregnant, as long as she is a free woman."
The Hanafi and Shaafi‘i scholars believe that there is no ‘Iddah for the woman who has committed unlawful sexual intercourse.
Allaah Knows best.