أحكام تزويج المغتصبة في ميزان الفقه الإسلامي

Abstract EN

The provisions of the marriage of the raped woman in the balance of Islamic jurisprudence

The recent study aimed to clarify some of the judgments related to the marriage of the raped woman.

It was based on the descriptive approach.

In this context, it relied on the inductive method and resulted in many results: If the pillars of marriage are legal in the marriage contract of the rapped woman, the marriage is valid, and if the rapist wives her rights with her consent, the contract is valid.

The hymen of the virgin girl who was raped by force may be darned provided that she has not been pregnant from the rape, and it may be aborted if the pregnancy hasn't reached forty days but more than this period it can't be, but it is not permissible to compel a raped woman to marry those who do not please her, and if she is forced to do so, she has the right to annul it, and whoever forced her guarantees that annulment.

Marrying the raped pregnant from adultery is permissible but copulating her until she gives birth.

There is no escape from the punishment of the rapist even if he wants to marry who he raped.

The dowry is a pillar in marriage, and if it is not specified, the rapist must have a dowry of alike by marriage or death.

The rapped woman, abdication of the dowry is accepted but if separation is before marriage from the side of the woman, then all the dowry falls out of the husband.

Marrying the rapped is not allowed until she spends waiting period of the divorced woman.

The study recommended the necessity of enlightening individuals with the legal provisions related to the marriage of the rapist, and warn them against the consequences of corrupt norms that contravene what was stated by the Islamic law in this regard.