Breaking the Silence on the Rampant of Zina and Rape Cases in Muslim Countries; an Islamic Legal Approach

Abstract

This study focuses a crime liable to Ḥadd in Islamic criminal law is Zina (adultery and fornication), is also one of it, Zina which means willful sexual intercourse between a man and a woman who are not, and do not suspect to be, validly married to each other. Jurists usually define it as sexual intercourse between a man and a woman who are not, and do not suspect to be, in a state of legal matrimony, Rape is an abhorrent crime and an abominable sin. This heinous crime is forbidden not only in Islam but in all religions, and all people of sound thinking and pure human nature reject it. Rape is completely forbidden in Islamic law and is a crime punishable by Islam. The main objective of the paper is to disclose the terrible dangers and effects of zina and rape which can course many more calamities and conflicts in our societies today, Despite the fact that in contemporary days many Islamic laws are not been practice and also change, among them equating the cases of zina and rape which is so rampant. It may be added here that for an act of zina and rape to be considered as punishable, it is not enough that somebody to accused somebody else of immortality of committing zina or rape without proof, but there are other conditions also which have to be fulfilled in respect of the issues associated to even though shari’ah has prescribed some setting punishments as Ḥadd but to proof it matters a lot in Islamic Law, some sees it as calamity in the society and also it lead to conflicts, The methodological approach used in this paper is descriptive, prescriptive and annalistic; meanwhile the method of data collection is empirical which leads to the result of the findings.