Zaydi Fiqh on the Punishment of Rape

One of the grave mistakes in jurisprudence and law is considering rape as fornication. The correct view is that rape falls under the category of ḥirābah (waging war) and spreading corruption on earth, because it involves physical harm, psychological destruction, violation of sanctities, and terrorizing society.

All of this is part of ḥirābah and corruption on earth. Allāh, the Exalted, says:

{The penalty for those who wage war against Allāh and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified…} [Ṣūrah al-Māʾidah: 33].

It is necessary to amend Article 269 of the Yemeni Penal Code, which mandates the punishment of a rapist with [only] imprisonment.

From Dr. Jamal Al Shami, May Allah bless him.