Can you define rape in Islam?

The Details of the Question

Can you explain in detail what rape is in Islam? Is it just physically forcing someone? How does the definition of rape in Islam differ from the definition of rape in the west? For example, in some places, theft is regarded as rape but it does not mean rape in Islam. Is it regarded as rape to commit fornication with a child who has not reached the age of puberty?

The Answer

Dear Brother / Sister,

Islam has binding rules; these rules are red lines; any deed that violates the red lines is a “transgression”, which is expressed with the same word as rape in Arabic.  

Violation of customs and ethics, which are not contrary to religion, are also regarded as transgression.

Whether a person reaches puberty or not, fornication with that person is a transgression of religious rules.

Western laws do not consider the intercourse between people who have reached puberty but who are not married to each other – which is regarded as fornication according to Islam – as fornication. However, according to Islam, it is regarded as fornication; and if it is not done by force, it is not rape but it is a transgression of religious rules.

Sexual intercourse with a person who has not reached the age of marriage, even if through marriage contract, is not a fornication that necessitates a certain punishment (hadd), but it is regarded as rape and it is punished.

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