Question: If a woman is forced into adultery (rape), what is the ruling for her in Shariah in such an unavoidable situation? Can she commit suicide to save her honor? As we have heard that at the time of the establishment of Pakistan, many women jumped into wells to save their honor….!? (A female questioner from Lahore)
Answer:
Alhamdulillah (All Praise is due to Allah):
In the situation described, superficially, it sounds very noble to say and hear that giving one’s life—meaning committing suicide—to save one’s honor is a great feat. However, Islamically, there is no justification for committing suicide in any situation. Rather, suicide is Haram (forbidden) in Islam. Suicide is never committed out of desire or happiness; it is always done due to pain and distress.
The summary of Islamic teachings regarding suicide is that this act is Haram, and its perpetrator is disobedient to Allah Almighty and bound for Hell. The true Owner of life and death is Allah Almighty. Just as killing another person is considered equivalent to killing all of humanity, ending one’s own life or destroying it without cause is an act displeasing to Allah Almighty.
The Divine Command is:
وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ وَأَحْسِنُوَاْ إِنَّ اللّهَ يُحِبُّ الْمُحْسِنِينَ
"And do not throw [yourselves] with your [own] hands into destruction, and do good; indeed, Allah loves the doers of good."
(Surah Al-Baqarah: Verse 195)
Imam Baghawi (May Allah have mercy on him), in the commentary of Surah An-Nisa Verse 30, has cited the aforementioned Verse 195 of Surah Al-Baqarah and written:
وقيل: أراد به قتل المسلم نفسه.
"It is said: It refers to a Muslim killing himself."
(Baghawi, Ma’alim al-Tanzil, 1: 418)
At another place, Allah Almighty has said:
وَلاَ تَقْتُلُواْ أَنفُسَكُمْ
"And do not kill yourselves [or one another]."
(Surah An-Nisa: Verse 29)
Imam Fakhr al-Din al-Razi has written in the commentary of this verse:
{وَلاَ تَقْتُلُواْ أَنفُسَكُمْ} يدل علی النهی عن قتل غيره وعن قتل نفسه بالباطل.
"{And do not kill yourselves} This blessed verse serves as Shariah proof for the prohibition of killing another person unjustly and killing oneself." (Razi, Al-Tafsir Al-Kabir, 10: 57)
And the prohibition of suicide is also present in the Ahadith:
Accordingly, the Messenger of Allah (Peace be upon him) said: “Whoever throws himself down from a mountain and kills himself will be in the Fire of Hell, throwing himself down therein forever and ever. Whoever takes poison and kills himself, his poison will be in his hand, tasting it in the Fire of Hell forever and ever. And whoever kills himself with an iron instrument, his iron instrument will be in his hand, stabbing his abdomen with it in the Fire of Hell forever and ever.”
(Sahih Al-Bukhari, Book of Medicine, 5778)
It is narrated from Jundub (May Allah be pleased with him) that the Messenger of Allah (Peace be upon him) said: “A man was inflicted with wounds and he committed suicide (unable to bear the pain), and Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him.”
(Sahih Al-Bukhari, Book of Funerals, 1364)
It is narrated from Abu Hurairah (May Allah be pleased with him) that the Prophet (Peace be upon him) said: “He who strangles himself will keep on strangling himself in the (Hell) Fire, and he who stabs himself will keep on stabbing himself in the (Hell) Fire.”
(Sahih Al-Bukhari, Book of Funerals, 1365)
From the verses, their commentaries, and the Ahadith mentioned above, it is clear that suicide is absolutely Haram in Islam. Therefore, if God forbid, a girl is attacked and she fears the loss of her honor, she should resist according to her capacity, not take her own life. Because the one who commits suicide out of fear of pain and humiliation, even during Jihad, is bound for Hell.
The blessed Hadith bears witness to this.
Hazrat Sahl bin Sa’d (May Allah be pleased with him) narrates:
In a Ghazwa (Battle of Khaybar), the Holy Prophet (Peace be upon him) and the polytheists faced each other and there was intense fighting between the two parties. Then (in the evening), each party returned to its camp. Among the Muslims, there was a man who would not leave any isolated polytheist but would chase him and kill him with his sword. People said: “O Messenger of Allah! No one has done the work today like so-and-so has done.” He (Peace be upon him) said: “He is indeed from the people of the Fire.” So the people said: “If he is from the people of the Fire, then who among us is from the people of Paradise?” A man from the Muslims said: “I will accompany him to assess the situation, whether he moves fast or slow.” Until that man became wounded, so he hastened death; meaning he placed the handle of his sword on the ground and its tip in the middle of his chest and threw himself upon it, and thus he committed suicide. The man who was observing came to the presence of the Holy Prophet (Peace be upon him) and said: “I testify that you are indeed the Messenger of Allah.” He (Peace be upon him) asked: “What happened?” The person related the whole event. Then He (Peace be upon him) said: “Verily, a man performs deeds like the people of Paradise as it appears to the people, but in reality, he is from the people of Hell; and sometimes it happens that to the people’s view he performs deeds like the people of Hell, but in reality, he is from the people of Paradise.”
(In another narration, this is added:)
“Verily, deeds are judged by the last, closing deeds.”
(Sahih Bukhari Hadith No. 4207, 6607)
(Sahih Muslim | Book: Faith | Chapter: Prohibition of killing oneself, Hadith No. 112)
In this Hadith, the Prophet (Peace be upon him) clearly stated that facing difficulties is the work of the people of Paradise, and committing suicide in difficulties is the work of the people of Hell.
And then, if the girl mentioned in the question, or any individual, is killed for the protection of their honor, sanctity, and property, then they are a Martyr (Shaheed).
Observe the blessed Hadith:
عَنْ سَعِيدِ بْنِ زَيْدٍ ، قَالَ : سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ : ” مَنْ قُتِلَ دُونَ مَالِهِ فَهُوَ شَهِيدٌ، وَمَنْ قُتِلَ دُونَ دِينِهِ فَهُوَ شَهِيدٌ، وَمَنْ قُتِلَ دُونَ دَمِهِ فَهُوَ شَهِيدٌ، وَمَنْ قُتِلَ دُونَ أَهْلِهِ فَهُوَ شَهِيدٌ ”
Translation:
It is narrated from Hazrat Saeed bin Zaid (May Allah be pleased with him) that he heard the Holy Prophet (Peace be upon him) say: “Whoever is killed protecting his wealth is a martyr; whoever is killed protecting his religion is a martyr; whoever is killed protecting his life is a martyr; and whoever is killed protecting his family (the honor and sanctity of mother, sister, daughter, wife, etc.) is also a martyr.”
(Sunan Tirmidhi Hadith No. 1421)
(Musnad Ahmad Hadith No. 1652)
Sahih Hadith!!
If an individual loses their life protecting their family, their own life, and religion, they will be called a martyr. So, there is no reason for a woman to commit suicide while protecting her honor; rather, she should resist, and if she is killed during the resistance, she will also be granted the rank of martyrdom, Insha’Allah.
And if she kills the coercer (rapist) in her own defense, then there will be no sin upon her, nor will any Hadd (punishment) be applied to her.
Accordingly, Imam Muslim has established a chapter in his Sahih:
Sahih Muslim
Book of Faith
Rulings and Issues of Faith
باب الدَّلِيلِ عَلَى أَنَّ مَنْ قَصَدَ أَخْذَ مَالِ غَيْرِهِ بِغَيْرِ حَقٍّ كَانَ الْقَاصِدُ مُهْدَرَ الدَّمِ فِي حَقِّهِ وَإِنْ قُتِلَ كَانَ فِي النَّارِ وَأَنَّ مَنْ قُتِلَ دُونَ مَالِهِ فَهُوَ شَهِيدٌ:
Chapter: Proof that the blood of one who intends to take another’s property unjustly is in vain (no retaliation is due), and if he is killed during this fight, he is in the Fire, and whoever is killed protecting his property is a martyr.
And below this, the Prophetic Hadith is mentioned:
عَنْ أَبِي هُرَيْرَةَ قَالَ : جَاءَ رَجُلٌ إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ : يَا رَسُولَ اللَّهِ، أَرَأَيْتَ إِنْ جَاءَ رَجُلٌ يُرِيدُ أَخْذَ مَالِي ؟ قَالَ : ” فَلَا تُعْطِهِ مَالَكَ “. قَالَ : أَرَأَيْتَ إِنْ قَاتَلَنِي ؟ قَالَ : ” قَاتِلْهُ “. قَالَ : أَرَأَيْتَ إِنْ قَتَلَنِي ؟ قَالَ : ” فَأَنْتَ شَهِيدٌ “. قَالَ : أَرَأَيْتَ إِنْ قَتَلْتُهُ ؟ قَالَ : ” هُوَ فِي النَّارِ “.
Narrated by Abu Hurairah (May Allah be pleased with him): A man came to the Messenger of Allah (Peace be upon him) and said: “O Messenger of Allah! What if a man comes wanting to take my property (unjustly)?” He said: “Do not give him your property.” He said: “What if he fights me?” He said: “Fight him.” He said: “What if he kills me?” He said: “Then you are a martyr.” He said: “What if I kill him?” He said: “He is in the Fire.”
(Sahih Muslim | Book: Faith | Chapter: One who intends to take another’s property unjustly, Hadith No. 140)
Ibn Qudamah (May Allah have mercy on him) has stated in his book Al-Mughni:
وقال أحمد في امرأة أرادها رجل على نفسها فقتلته لتحصن نفسها ، قال أحمد : إذا علمت أنه لا يريد إلا نفسها فقتلته لتحصن نفسها فلا شئ عليها . وذكر أحمد حديثا يرويه الزهري عن القاسم بن محمد ، عن عبيد بن عمير أن رجلا أضاف ناسا من هذيل ، فأراد امرأة عن نفسها فرمته بحجر فقتلته . فقال عمر : و الله لا يودى أبدا – أي لا تدفع عنه دية – ؛ ولأنه إذا جاز الدفع عن ماله الذي يجوز بذله وإباحته ، فدفع المرأة عن نفسها وصيانتها عن الفاحشة وحفظ عرضها من الزنا الذي لا يباح بحال ولا يجوز به البذل أولى من دفع الرجل عن ماله . وإذا ثبت هذا فإنه يجب عليها أن تدفع عن نفسها إن أمكنها ذلك ؛ لأن التمكين منها محرم وفي ترك الدّفع تمكين،
Translation:
(Imam Ahmad (May Allah have mercy on him) said regarding a woman whom a man desired [illicitly], and she killed him to protect herself. Imam Ahmad said: “If she knew that he wanted nothing but her person, and she killed him to protect herself, there is nothing [no penalty] upon her.”
Imam Ahmad mentioned a Hadith narrated by Al-Zuhri from Qasim bin Muhammad from Ubaid bin Umair that a man hosted some people from the tribe of Hudhayl, and he desired a woman [among them]. She threw a stone at him and killed him. So Umar (May Allah be pleased with him) said: “By Allah, no Diyah (blood money) will ever be paid for him.”
And because if it is permissible to defend one’s property—which is permissible to give away or make lawful [to others]—then a woman defending herself, preserving herself from obscenity, and guarding her honor from Zina (adultery/fornication)—which is not permissible in any case nor is it permissible to offer it—is more worthy than a man defending his property.
And when this is established, it is obligatory for her to defend herself if that is possible for her; because yielding herself is prohibited (Haram), and in abandoning defense, there is yielding.)
(See: Al-Mughni by Ibn Qudamah 8/331)
(See further: Al-Mufassal fi Ahkam al-Mar’ah 5/42-43)
However, if hypothetically she cannot resist, or despite resistance she cannot save her honor, there will be no sin upon her for this forced adultery, Insha’Allah.
Accordingly, Imam Bukhari (May mercy be upon him) has established this chapter in his Sahih: “Chapter: If a woman is compelled to commit Zina, no Hadd is applied to her.”
صحيح بخاری، كِتَابُ الْإِكْرَاهِ. | بَابٌ : إِذَا اسْتُكْرِهَتِ الْمَرْأَةُ عَلَى الزِّنَا
In this chapter, Imam Bukhari (May Allah have mercy on him) has mentioned this event:
أَنَّ عَبْدًا مِنْ رَقِيقِ الْإِمَارَةِ وَقَعَ عَلَى وَلِيدَةٍ مِنَ الْخُمُسِ، فَاسْتَكْرَهَهَا حَتَّى اقْتَضَّهَا، فَجَلَدَهُ عُمَرُ الْحَدَّ وَنَفَاهُ، وَلَمْ يَجْلِدِ الْوَلِيدَةَ مِنْ أَجْلِ أَنَّهُ اسْتَكْرَهَهَا
Laith bin Sa’d (May Allah have mercy on him) says that Nafi’ informed me that Safiyya bint Abi Ubaid told him that a slave from the government slaves committed Zina with a slave girl from the Khumus (state treasury share) and forced her until he deflowered her. So Umar (May Allah be pleased with him) flogged him [applied the Hadd] and exiled him, but he did not flog the slave girl because he had forced her.
(Sahih Al-Bukhari Hadith No. 6949)
And in another narration:
أَنَّ عُمَرَ بْنَ الْخَطَّابِ رضي الله عنه أُتِيَ بِامْرَأَةٍ زَنَتْ , فَسَأَلَهَا فَأَقَرَّتْ فَأَمَرَ بِرَجْمِهَا . فَقَالَ عَلِيٌّ : لَعَلَّ لَهَا عُذْرًا , ثُمَّ قَالَ لَهَا : مَا حَمَلَك عَلَى الزِّنَا ؟ قَالَتْ : كَانَ لِي خَلِيطٌ ( أي شريك في بهيمة الأنعام ) ، وَفِي إبِلِهِ مَاءٌ وَلَبَنٌ ، وَلَمْ يَكُنْ فِي إبِلِي مَاءٌ وَلا لَبَنٌ فَظَمِئْت فَاسْتَسْقَيْته ، فَأَبَى أَنْ يَسْقِيَنِي حَتَّى أُعْطِيَهُ نَفْسِي . فَأَبَيْت عَلَيْهِ ثَلاثًا . فَلَمَّا ظَمِئْت وَظَنَنْت أَنَّ نَفْسِي سَتَخْرُجُ أَعْطَيْته الَّذِي أَرَادَ ، فَسَقَانِي ، فَقَالَ عَلِيٌّ : اللَّهُ أَكْبَرُ فَمَنْ اُضْطُرَّ غَيْرَ بَاغٍ وَلا عَادٍ فَلا إثْمَ عَلَيْهِ ، إنَّ اللَّهَ غَفُورٌ رَحِيمٌ
A woman was brought to Umar bin Al-Khattab (May Allah be pleased with him) who had committed Zina. He asked her, and she confessed to Zina, so Umar (May Allah be pleased with him) ordered for her to be stoned. Ali (May Allah be pleased with him) said: “Perhaps she has an excuse.” Then he said to her: “What drove you to Zina?” She said: “I had a partner (in livestock), and in his camels, there was water and milk, but in my camels, there was no water or milk. I became thirsty, so I asked him for water, but he refused to give me water unless I gave myself to him. I refused him three times. But when I became extremely thirsty and thought my life would depart, I gave him what he wanted, and he gave me water.” Ali (May Allah be pleased with him) said: “Allahu Akbar:12
(So whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], there is no sin upon him. Indeed, Allah is F3orgiving and M4erciful).”56
(Kanz al-Ummal, Hadith No. 13596)78
And in Sunan Al-Bayhaqi it is stated:910
عَنْ أَبِي عَبْدِ الرَّحْمَنِ السُّلَمِيِّ قَالَ : أُتِيَ عُمَرُ بِامْرَأَةٍ جَهِدَهَا الْعَطَشُ ، فَمَرَّتْ عَلَى رَاعٍ فَاسْتَسْقَتْ ، فَأَبَى أَنْ يَسْقِيَهَا إلا أَنْ ت11ُمَكِّنَهُ مِنْ نَفْسِهَا . فَشَاوَرَ النَّاس12َ فِي رَجْمِهَا . فَقَالَ عَلِيٌّ : هَذِهِ مُضْطَرَّةٌ ،أَرَى أَنْ تُخْلِيَ سَبِيلَهَا ، فَفَعَلَ،
Abu Abd al-Rahman al-Sulami narrates that a woman was brought to Umar (May Allah be pleased with him) whom thirst had overcome. She passed by a shepherd and asked for water, but he refused to give her water unless she surrendered herself to him. Umar (May Allah be pleased with him) consulted the people regarding stoning her. So Ali (May Allah be pleased with him) said: “She is compelled (Muztar). I am of the opinion that you should let her go.” So he did so.
(Sunan Al-Kubra by Al-Bayhaqi, Book of Limits, Chapter on one who commits Zina with a coerced woman_ Vol 8/Pg 236)
After mentioning these narrations in his book, Imam Ibn al-Qayyim (May Allah have mercy on him) writes:
قُلْت : وَالْعَمَلُ عَلَى هَذَا , لَوْ اضْطَرَّتْ الْمَرْأَةُ إلَى طَعَامٍ أَوْ شَرَابٍ عِنْدَ رَجُلٍ فَمَنَعَهَا إلا بِنَفْسِهَا ، وَخَافَتْ الْهَلاكَ ، فَمَكَّنَتْهُ مِنْ نَفْسِهَا فَلا حَدَّ عَلَيْهَا . فَإِنْ قِيلَ : فَهَلْ يَجُوزُ لَهَا فِي هَذِهِ الْحَالِ أَنْ تُمَكِّنَ مِنْ نَفْسِهَا ، أَمْ يَجِبُ عَلَيْهَا أَنْ تَصْبِرَ وَلَوْ مَاتَتْ ؟ قِيلَ : هَذِهِ حُكْمُهَا حُكْمُ الْمُكْرَهَةِ عَلَى الزِّنَا ، الَّتِي يُقَالُ لَهَا : إنْ مَكَّنْت مِنْ نَفْسِك ، وَإِلا قَتَلْتُك . وَالْمُكْرَهَةُ لا حَدَّ عَلَيْهَا ، وَلَهَا أَنْ تَفْتَدِيَ مِنْ الْقَتْلِ بِذَلِكَ . وَلَوْ صَبَرَتْ ( أي على القتل ) لَكَانَ أَفْضَلَ لَهَا ( ولكن لا يجب ذلك عليها ) .
والله تعالى أعلم
Translation:
“I say: The practice is upon this.
If a woman is compelled by need for food or drink which is with a man, and he refuses her except in exchange for her person, and she fears destruction (death), so she yields herself to him, there is no Hadd upon her.
And if it is said: Is it permissible for her in this state to yield herself, or is it obligatory upon her to have patience even if she dies?
It will be said in reply: Her ruling is the ruling of a woman coerced into Zina, to whom it is said: ‘Either you yield yourself, or I will kill you.’
And there is no Hadd upon the coerced woman, and it is permissible for her to ransom herself from killing by doing that. And if she had patience (meaning, upon being killed), it would have been better for her (but this is not obligatory upon her).”
(Ibn al-Qayyim, Book Al-Turuq Al-Hukmiyyah_ Section 18)
And furthermore, this believing woman, who was forced into this against her will, will receive reward for this suffering, Insha’Allah Ta’ala.
As the Messenger of Allah (Peace be upon him) said: “No fatigue, nor disease, nor sorrow, nor sadness, nor hurt, nor distress befalls a Muslim, even if it were the prick he receives from a thorn, but that Allah expiates some of his sins for that.”
(Sahih Bukhari Hadith No. 5640)
And in another narration, the Holy Prophet (Peace be upon him) said regarding a Muslim whenever they are afflicted with any worry, sickness, grief and sorrow, pain and distress, up to the point that if even a thorn pricks them, Allah Almighty makes it an expiation for their sins.
(Sahih Bukhari Hadith No. 5641)
Therefore, the summary of all the points mentioned above is that suicide is Haram in every case and it is necessary to avoid it. A woman should strive by every possible means in defense of her honor, to the extent that if she is killed while defending, she will attain the rank of a Martyr. And if while defending her honor she kills the person in front, no Hadd will be applied to her. And if despite resistance, adultery is committed with a woman in a state of force and coercion, then that woman is absolved in the sight of Allah; there is no Hadd or punishment upon her. Rather, in the world, for this pain and transgression that happened to her, she will receive a reward for it on the Day of Judgment, Insha’Allah. And her criminals will be given the Shariah punishment.
If disbelievers and polytheists violate the chastity of Muslim women and stain their modesty and purity, then it is obligatory upon other Muslim brothers to take revenge for the honor and chastity of these women. If Muslims do not take revenge for their Islamic sisters, they will be accountable before Allah. Jihad, which is the peak of the religion of Islam, includes this matter among its objectives, from which the Muslim Ummah is turning a blind eye today. If Jihad for the sake of Allah is established in its true sense, then Muslim women would not face this plight. Alas, a thousand times alas, that today such a large number of Muslim rulers, countries, and people exist, but they are devoid of understanding the obligation of Jihad for the sake of Allah, and by chasing after their worldly desires and pleasures, they are showing negligence towards this duty. May Allah Tabarak wa Ta’ala grant us the courage and ability to establish Jihad in its true sense and protect the honor and chastity of Muslim women.
Ameen Ya Rabb al-Alameen…!
(And Allah Almighty knows best what is correct)
Reference: https://alfurqan.info/problems/1111
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