Saudi Injustice and Oppression

This article is authored by Abul Layth with assistance of  Ibn Anwar

    The illegitimate Saudi regime and their cronies they label ‘Islamic judges’ have once more made fools of themselves, while contradicting the Shari’ah – not to mention make Islam & the Muslims look unjust by their illegitimate rulings. The BBC, as well as Al-Jazeera, is reporting a verdict released by the wahhabi “Islamic Courts wherein a Shi’i woman of 19 years of age (who is happily married) was gang-raped 14 times by some Saudi Sunni men. According to the report,

Seven men were found guilty of the rape and sentenced to prison terms ranging from just under a year to five years.

The woman was actually punished by the court for ‘free-mixing’ with men. What was her punishment? 200 lashes and six months in jail! Her Muslim lawyer, Br. Abdel Rahman al-Lahem told the BBC Arabic Service that the sentence was in violation of Islamic law:

“My client is the victim of this abhorrent crime. I believe her sentence contravenes the Islamic Sharia law and violates the pertinent international conventions,” he said.1

Br. Abdel Rahman Al-Lahem, is without a doubt, correct in his claim. Within this article we shall defend the stance forwarded by him, that Rape is punishable by death and that this woman is innocent, as well as show the idiocy of these supposed “Islamic Judges” who have defied the Shari’ah and submitted to their disgusting whims.

What is the punishment for Rape in Islamic Law? 

 The punishment for rape in Islamic Law has been clearly determined amongst the scholars of the past as you shall soon come to see for yourself. The punishment is found in an authentic narration from the Prophet Muhammad (SAWS) that goes:

‏حَدَّثَنَا ‏ ‏مُحَمَّدُ بْنُ يَحْيَى النَّيْسَابُورِيُّ ‏ ‏حَدَّثَنَا ‏ ‏مُحَمَّدُ بْنُ يُوسُفَ ‏ ‏عَنْ ‏ ‏إِسْرَائِيلَ ‏ ‏حَدَّثَنَا ‏ ‏سِمَاكُ بْنُ حَرْبٍ ‏ ‏عَنْ ‏ ‏عَلْقَمَةَ بْنِ وَائِلٍ الْكِنْدِيِّ ‏ ‏عَنْ ‏ ‏أَبِيهِ ‏‏أَنَّ امْرَأَةً خَرَجَتْ عَلَى عَهْدِ رَسُولِ اللَّهِ ‏ ‏صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ‏ ‏تُرِيدُ الصَّلَاةَ فَتَلَقَّاهَا رَجُلٌ ‏ ‏فَتَجَلَّلَهَا ‏ ‏فَقَضَى حَاجَتَهُ مِنْهَا فَصَاحَتْ فَانْطَلَقَ وَمَرَّ عَلَيْهَا رَجُلٌ فَقَالَتْ إِنَّ ذَاكَ الرَّجُلَ فَعَلَ بِيكَذَا وَكَذَا وَمَرَّتْ ‏ ‏بِعِصَابَةٍ ‏ ‏مِنْ ‏ ‏الْمُهَاجِرِينَ ‏ ‏فَقَالَتْ إِنَّ ذَاكَ الرَّجُلَ فَعَلَ بِي كَذَا وَكَذَا فَانْطَلَقُوا فَأَخَذُوا الرَّجُلَ الَّذِي ظَنَّتْ أَنَّهُ ‏ ‏وَقَعَ ‏ ‏عَلَيْهَا وَأَتَوْهَا فَقَالَتْ نَعَمْ هُوَ هَذَا فَأَتَوْا بِهِ رَسُولَ اللَّهِ ‏ ‏صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ‏ ‏فَلَمَّا أَمَرَ بِهِ لِيُرْجَمَ قَامَ صَاحِبُهَا الَّذِي ‏ ‏وَقَعَ ‏ ‏عَلَيْهَا فَقَالَ يَا رَسُولَ اللَّهِ أَنَا صَاحِبُهَا فَقَالَ لَهَا ‏ ‏اذْهَبِي فَقَدْ غَفَرَ اللَّهُ لَكِ وَقَالَ لِلرَّجُلِ قَوْلًا حَسَنًا وَقَالَ لِلرَّجُلِ الَّذِي ‏ ‏وَقَعَ ‏ ‏عَلَيْهَا ارْجُمُوهُ وَقَالَ لَقَدْ تَابَ تَوْبَةً لَوْ تَابَهَا أَهْلُ ‏ ‏الْمَدِينَةِ ‏ ‏لَقُبِلَ مِنْهُمْ  

The translation:

From Waa’il ibn Hujr who said that a woman, in the life of the Messenger of Allah (SWT), [left her home] intending to go for Prayer [in the mosque] when a man seized her and had sexual intercourse with her, while she let out a scream [for help]. The man fled, and she told a man what had occurred. A group from amongst the Muhaajirin2 were told of this and they chased the man down eventually capturing who they thought it was, and took the man to her. She said that it was the man who did it to her. They took the man (and the woman) to the Messenger of Allah (SWT), and the man asked ‘who is the man who did this to her’? The man confessed saying, “I am the one who did this to her, Oh Messenger of Allah (SWT)!”  The Prophet Muhammad (SAWS) said to the woman, “You can leave, for Allah (SWT) has forgiven you!” The Prophet said to the man, “Your words are sound (hasnan can also mean good – what is meant here is that his confession to this crime is a good thing).” So he said regarding the man who had raped her, “Stone him”. He added, “This man has [sincerely] repented a type of repentance that of the people of Medinah would perform, Allah (SWT) would accept it from them.”

This hadith is reported by Abu Dawud in his Sunan and Imam At-Tirmithi in his Sunan beneath the chapter “ما جاء في المرأة إذا استكرهت على الزنا What is said regarding the woman that has been coerced into committing fornication”.

Brief Discussion Regarding This Narration’s Isnad (Chain)

Imam At-Tirmithi graded this hadith “حَسَنٌ غَرِيبٌ صَحِيحٌ “, or a good and authentic – singularly reported- narration. He also adds to this:

‏وَعَلْقَمَةُ بْنُ وَائِلِ بْنِ حُجْرٍ ‏ ‏سَمِعَ مِنْ أَبِيهِ وَهُوَ أَكْبَرُ مِنْ ‏ ‏عَبْدِ الْجَبَّارِ بْنِ وَائِلٍ ‏ ‏وَعَبْدُ الْجَبَّارِ ‏ ‏لَمْ يَسْمَعْ مِنْ أَبِيهِ

“And ‘Alqamah (i.e. one of the narrators in the chain) heard from his father, and he is older than Abdul-Jabbar ibn Waa’il, and Abdul-Jabbar did not hear from his father [Wa’il ibn Hujr].”

This claim by Imam At-Tirmthi was questioned by some scholars of hadith, such as Ibn Hajr in his tome “Taqrib At-Tahthib” as well as “Tahthib At-Tahthib”, where he stated that ‘Alqamah is Saduq (honest and reliable in narrating), yet did not hear from his father (See Taqrib At-Tahthib). However, he has contradicted himself in his famous treatise “Bulugh Al-Maram”, wherein he quotes a narration from ‘Alqamah ibn Wa’il ibn Hujr from his father Wa’il and comments, “رَوَاهُ أَبُو دَاوُدَ بِإِسْنَادٍ صَحِيحٍ ” – It is reported by Abu Dawud with an impeccably authentic (Sahih) chain of narrators. Further support that ‘Alqama heard hadith from his father Wa’il ibn Hujr is that his narrations from his father are also reported in Sahih Muslim regarding Qisaas. Also, Imam An-Nasaa’i in his Sunan within the chapter of ‘Raising One’s Hands in Salah’, reports a hadith via this route of transmission as well. Imam Al-Bukhari in his treatise, Juza’ Rafa’ Yadayn, also uses this connection between ‘Alqamah and his father Wa’il. Shaykh Mubarakfuri, in his commentary of this hadith in his Tuhfat Al-Ahwadhi, states,

فَالْحَقُّ أَنَّ عَلْقَمَةَ سَمِعَ مِنْ أَبِيهِ وَأَنَّهُ أَكْبَرُ مِنْ أَخِيهِ عَبْدِ الْجَبَّارِ . ‏

“And the truth is that ‘Alqamah heard [narrations] from his father and that he was older than his brother Abdul-Jabbar”.

Further Discussion of this Narration

There are some legal points that should be pointed out regarding this narration.

  •  The woman who was a victim was by herself, without a mahram (relative or legal guardian).
  • The Prophet Muhammad (SAWS) did not blame this woman at all, as we have seen in modern times forwarded by the Wahhabi Saudi “Islamic Judges”.
  • Not only was she not guilty of any crime, but he encouraged her saying that Allah (SWT)’s forgiveness had descended upon her, clearing her of any crime and showing that Allah (SWT) had turned to her with love and mercy. This is a lesson for Muslims in that they should be comforting and supportive of the one who has been raped, not condemning and damning, like some groups. Not only was the Prophet Muhammad (SAWS) supportive, but the Muslims, particularly the Muhaajirin, did not hesitate to trust the testimony of this woman, and they seized this man immediately in order to bring him to justice.
  • The punishment for raping a woman is death. The Maaliki Jurist, Ibn Abdul-Barr stated regarding rape:

    The scholars are unanimously agreed that the rapist is to be subjected to the hadd (i.e. the punishment of death) if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished [with ta’zir]. There is no punishment for the woman if it is true that he forced her and overpowered her.3

  • Even though this man repented sincerly, the death penalty was still carried out against him.

The Mis-Application of Islamic Law in the Recent Saudi Verdict

There are two parts to the verdict released by the Saudi “Justice” Ministry. The first is a pathetic sentence for the aggressors, who were given a slap on the wrist for the atrocious crimes (we should mention they also raped the man that was in the car with her). We have already shown that each one of these criminals are to be put to death in Islamic Law. The second part is that they are going to give this woman 200 lashes and time in prison for her supposed “crime”. The illegitimate Kingdom of Saudi Arabia argues that this woman was guilty for the following reasons:

“The justice ministry said in a statement that the sentence was justified because the woman was in a car with an unrelated man.”4

Another reason is that she had no mahram with her. As for punishing her for going out without a non-mahram, then what precedent for such has ever been implemented by any of the scholars of Islam?

In response to this ridiculous charge, we respond that in the life of the beloved Nabi (SAWS) Muhammad (’alayhis salaam) he approved of women riding in the same vehicle (or camel/horse/donkey) together. Our evidence begins with the famouse hadith called, “Hadith Al-Ifk”, or the narration regarding the slander of the hypocrites against the wife of the beloved Prophet Muhammad (SAWS), ‘A’ishah (radhiya Allahu ‘Anhaa). The following is the story, in her own words, that transpired:

Narrated Aisha, the wife of the Prophet: “Whenever Allah (SWT)’s Apostle intended to go on a journey, he would draw lots amongst his wives and would take with him the one upon whom the lot fell. During a Ghazwa of his, he drew lots amongst us and the lot fell upon me, and I proceeded with him after Allah (SWT) had decreed the use of the veil by women. I was carried in a Howdah (on the camel) and dismounted while still in it. When Allah (SWT)’s Apostle was through with his Ghazwa and returned home, and we approached the city of Medina, Allah (SWT)’s Apostle ordered us to proceed at night. When the order of setting off was given, I walked till I was past the army to answer the call of nature. After finishing I returned (to the camp) to depart (with the others) and suddenly realized that my necklace over my chest was missing. So, I returned to look for it and was delayed because of that. The people who used to carry me on the camel, came to my Howdah and put it on the back of the camel, thinking that I was in it, as, at that time, women were light in weight, and thin and lean, and did not use to eat much. So, those people did not feel the difference in the heaviness of the Howdah while lifting it, and they put it over the camel. At that time I was a young lady. They set the camel moving and proceeded on. I found my necklace after the army had gone, and came to their camp to find nobody. So, I went to the place where I used to stay, thinking that they would discover my absence and come back in my search. While in that state, I felt sleepy and slept.

Safwan bin Mu’attal As-Sulami Adh-Dhakwani was behind the army and reached my abode in the morning. When he saw a sleeping person, he came to me, and he used to see me before veiling. So, I got up when I heard him saying, “Inna lil-lah-wa inn a ilaihi rajiun (We are for Allah (SWT), and we will return to Him).” He made his camel knell down. He got down from his camel, and put his leg on the front legs of the camel and then I rode and sat over it. Safwan set out walking, leading the camel by the rope till we reached the army who had halted to take rest at midday. Then whoever was meant for destruction, fell into destruction, (some people accused me falsely) and the leader of the false accusers was ‘Abdullah bin Ubai bin Salul. After that we returned to Medina, and I became ill for one month while the people were spreading the forged statements of the false accusers. […]((Sahih Al-Bukhari: You can view it yourself at here: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/048.sbt.html#003.048.829 ))

Another proof to establish the permissibility of such an act comes from the hadith (narration) of the Prophet Muhammad (SAWS) offering Asmaa’ bint Abu Bakr a ride on his camel:

Narrated Asma’ bint Abu Bakr that when Az-Zubair married me, he had no real property or any slave or anything else except a camel which drew water from the well, and his horse. I used to feed his horse with fodder and drew water and sew the bucket for drawing it, and prepare the dough, but I did not know how to bake bread. So our Ansari neighbors used to bake bread for me, and they were honorable ladies. I used to carry the date stones on my head from Zubair’s land given to him by Allah (SWT)’s Apostle and this land was two third Farsakh (about two miles) from my house. One day, while I was coming with the date stones on my head, I met Allah (SWT)’s Apostle along with some Ansari people. He called me and then, (directing his camel to kneel down) said, “Ikh! Ikh! [get on, get on]” so as to make me ride behind him (on his camel). I felt shy to travel with the men and remembered Az-Zubair and his sense of Ghira [jealousy], as he was one of those people who had the greatest sense of Ghira. Allah (SWT)’s Apostle noticed that I felt shy, so he proceeded. I came to Az-Zubair and said, “I met Allah (SWT)’s Apostle while I was carrying a load of date stones on my head, and he had some companions with him. He made his camel kneel down so that I might ride, but I felt shy in his presence and remembered your sense of Ghira (See the glossary). On that Az-Zubair said, “By Allah (SWT), your carrying the date stones (and you being seen by the Prophet in such a state) is more shameful to me than your riding with him.” (I continued serving in this way) till Abu Bakr sent me a servant to look after the horse, whereupon I felt as if he had set me free.  ((You can read this hadith from Sahih al-Bukhari here: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/062.sbt.html#007.062.149 ))

This hadith shows that the Prophet Muhammad (SAWS) believed that it was permitted for a woman to ride with a non-mahram man, as long as no shahwa exists. These narrations are sufficient to prove that our beloved Prophet Muhammad (SAWS) felt no harm in having men ride with women. So will the Saudi Ministry of “Justice” also condemn our beloved Prophet too? Let them first condemn their ownselves for allowing non-mahram drivers to drive women around, yet their two-faced man-made law, does not allow a trusted family friend from doing the same? The divine law is free from such non-sense!

Furthermore, I recall the incident of when the man came to the Nabi (SAWS) (’alayhis salaam) and told him that he kissed a woman, did the Prophet Muhammad (SAWS) lash him or her? Did he sentence the man or the woman to 6 months in prison? No! Rather he told the man to make Salah and that would suffice in removing his sin. The point of mentioning this issue is to show that this “conservatism”, a term I hesitate to use in this scenario for we do not believe they are being conservative at all, is unfounded in Islamic Law. This extremism forwarded by the Saudis is Islamically illegitimate, and judging by other than the divine revelation.  For Allah (SWT)’s sake! Judge by the Divine Law! As for her going out of her home without a Mahram, then this is permitted in Islamic Law as can be seen by the prior narration of the innocent woman being raped. She did not have a mahram with her, yet no punishment was applied upon her. 

Final Thoughts 

Or could the real issue be that she is a Shi’i woman from the “wretched shi’i” town of Qatif, an ‘inferior’ class in the Wahhabi/Saudi world, while the perpetrators are Sunnis. At Indiana University I had the pleasure to meet some Shi’i Saudis from the Eastern Province. I asked them how they were treated, and they informed me of many examples of  blatant prejudice, as well as injustices, against their minority. The prejudice that resulted in this grave injustice shows the Muslim world the poor Islamic cultivation of the Saudi Kingdom. Have they not read Allah (SWT)’s words:

يا أيها الذين آمنوا كونوا قوامين بالقسط شهداء لله ولو على أنفسكم أو الوالدين والأقربين إن يكن غنيا أو فقيرا فالله أولى بهما فلا تتبعوا الهوى أن تعدلوا وإن تلووا أو تعرضوا فإن الله كان بما تعملون خبيرا

“O ye who believe! stand out firmly for justice, as witnesses to Allah (SWT), even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor: for Allah (SWT) can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah (SWT) is well-acquainted with all that ye do.”

and His words,

إن الله يأمركم أن تؤدوا الأمانات إلى أهلها وإذا حكمتم بين الناس أن تحكموا بالعدل إن الله نعما يعظكم به إن الله كان سميعا بصيرا 

“Allah (SWT) doth command you to render back your Trusts to those to whom they are due; And when ye judge between mankind, that ye judge with justice: Verily how excellent is the teaching which He giveth you! For Allah (SWT) is He Who heareth and seeth all things.”5

Although I doubt our words will fall upon listening ears, SeekingIlm.com demands the reinstatement of the law license of Br. Abdul-Rahman Al-Lahem (May Allah (SWT) bless him). We also demand a fair trial that implements Islamic law properly, without whimsical interference by the “Islamic Judges” who released this null verdict. We demand that the Wahhabi Saudi regime release an apology to this sister, and give her some sort of compensation for the horrendous crimes and injustices places upon her by the criminals and the Saudi Wahhabi Kingdom. We demand that the criminals who raped this man and woman be put to death.

May Allah (SWT) send his aid and guidance upon that sister in her time of distress and hardship, rectify this Ummah, and send his blessings upon our beloved Sayyid Muhammad, as well as his companions and followers. Ameen!

Footnotes (Click ↩ at the end of the note to Go Back to Original Place in the article) :

  1. BBC story: http://news.bbc.co.uk/2/hi/middle_east/7098480.stm []
  2. those who emigrated to Medinah with the Prophet Muhammad (SAWS) from Mecca []
  3. Al-Istithkar []
  4. http://news.bbc.co.uk/2/hi/middle_east/7106234.stm  []
  5. 4:58 []

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3 Responses to “Saudi Injustice and Oppression”

  1. Ibn Saad says:

    Asalamualkium Wr Wb,

    This whole incident reminds me of a hadith from Sahih Bukhari:

    Volume 4, Book 55, Number 645:

    Narrated Abu Huraira:

    “The Prophet said, “None spoke in cradle but three: ….A lady from Bani Israel was nursing her child at her breast when a handsome rider passed by her. She said, ‘O Allah ! Make my child like him.’ On that the child left her breast, and facing the rider said, ‘O Allah! Do not make me like him.’ The child then started to suck her breast again. (Abu Huraira further said, “As if I were now looking at the Prophet sucking his finger (in way of demonstration.”) After a while the people passed by, with a lady slave and she (i.e. the child’s mother) said, ‘O Allah! Do not make my child like this (slave girl)!, On that the child left her breast and said, ‘O Allah! Make me like her.’ When she asked why, the child replied, ‘The rider is one of the tyrants while this slave girl is falsely accused of theft and illegal sexual intercourse.”

  2. Dawood says:

    A response to this case entitled The Hidden Truth About The Qatif Case: Response To: “Rape Victim Gets Lashes” has been published here http://calltoislam.com/index.p.....;Itemid=30

  3. Zayed Ahmed says:

    asalawalikum

    this is extremely sad because as a muslim i can’t see anything like this specially when my own muslims brothers do among themselves…this is really really sad…the name shia sunni is not there in the quran and i think we should unite with each other in the common ground between us with all my respect to their flawfull shia sect.This is one of the reason why we are today divided…i hope imam mahdi comes soon and end such division

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