Rape under Islamic Law: The Confusing Classification of Zina and Limitations in Getting Justice

Abstract

Rape is an atrocity that has plagued humanity since the beginning of time. With the rise of civilization, religion has shaped much of humanity’s social and moral structure, including how rape is perceived, processed, and punished. In parts of the Muslim world, particularly in the states and nations that have adopted Islamic law, rape constitutes Zina, a legal term stemming from sacred texts. This article offers a comprehensive examination whether this categorization is problematic and poses the question if rape truly exists within Islamic law. Through content and discourse analysis, this article will refer to sacred texts and Islamic law as it currently stands to examine the Zina classification. to determine if the classification leaves women vulnerable, unable to seek justice, and creates impunity in the modern Islamic world. The hopes of this study are to contribute to the ongoing conversation on women’s rights within the context of Islamic religion and society.