Forced Marriage with Rapist Declared Impermissible by Bangsamoro Fatwa

On March 4, women in the Bangsamoro Region in Muslim Mindanao (BARMM) had a significant reason to celebrate during National Women’s Month, as Islamic jurists issued a fatwa declaring that forcing a rape victim to marry her abuser without her consent is “haram” (not permissible). Sheik Abdulrauf Guialani, the Bangsamoro Grand Mufti, emphasized that the Bangsamoro Darul-Ifta’ (BDI) meticulously reviewed the issue before ruling on February 13. The fatwa highlighted that compelling a woman to marry her rapist imposes dual burdens: the trauma of rape and the lifelong obligation of being tied to her perpetrator, deemed one of the most unbearable situations in marital life. Women’s rights advocates praised the BDI’s landmark ruling, which underscores the severity of sexual violence and reinforces justice and accountability. Jeve Alferez, a gender and development specialist, hailed the decision as a crucial step in safeguarding women’s rights and dignity, stating that the fatwa clearly asserts, “No woman shall ever be forced to marry her abuser.” Critics condemned the practice of forced marriage as heartless and wicked, urging society to end such customs. The BDI’s ruling outlined varying punishments for rape under Islamic Shari’ah, including 100 lashes for unmarried perpetrators and stoning for married ones. If the crime involves weapons or kidnapping, the punishment can extend to execution or crucifixion. The fatwa clarified that marriage post-punishment is permissible only with the victim’s consent, with no guardian or individual allowed to coerce her. The ruling was authored by esteemed Islamic jurists, including Sheiks Kamarudin Baulo, Ebrahim Norodin, Ahmad Mala, Usman Alhamid, Samsudin Abdulrahman, and Mohidin Usman.

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