MindaNews / 4 March — Women in the Bangsamoro Region in Muslim Mindanao (BARMM) has something to celebrate during National Women’s Month: a recent fatwa (religious edict) issued by Islamic jurists in the region declared that forcing a rape victim to marry her abuser without her consent is considered “haram” (not permissible).

Sheik Abdulrauf Guialani, the Bangsamoro Grand Mufti (top Islamic jurist), noted that the Bangsamoro Darul-Ifta’ (BDI) made the ruling after the body meticulously reviewed the issue.

“It is not permissible in the Islamic Shari’ah to compel a woman to marry the man who assaulted and raped her,” stated the fatwa dated February 13, but which was released last week.

“Doing so would impose upon her two heavy burdens: first, the trauma of the rape itself and the psychological and physical harm it causes; and second, the lifelong obligation of being tied to the perpetrator of that crime as (his wife), which is among the most unbearable situations for a woman in her marital life,” it added.

Women’s rights advocates lauded the Bangsamoro Darul-Ifta’ for coming out with a clear ruling.

Under Section 53 of the Bangsamoro Administrative Code, the BDI is mandated to strengthen Islamic preaching and guidance, and utilize knowledge and social capital of the Ulama for the common good, and is headed by the Grand Mufti.

Jeve Alferez, a gender and development specialist at the Ministry of Social Services and Development, said the fatwa is a “truly a good development in time for the celebration of the National Women’s Month this March.”

“My high regard to the Bangsamoro Darul-Ifta’ for issuing a landmark ruling that courageously upholds the rights and dignity of women. By declaring that sexual violence is a crime deserving of the strictest penalties, this ruling reinforces the principle that justice must be served and that perpetrators must be held fully accountable,” she said.

According to Alferez, the fatwa is very clear: “No woman shall ever be forced to marry her abuser.”

“People who think that a rape case can be solved with a forced marriage between the victim and its perpetrator are heartless and wicked. If this fatwa is still not enough to stop the practice, then I don’t know anymore,” Nazrehma Asimpin, of the Mindanao State University in Marawi City, posted on Facebook.

In their ruling, the BDI noted that rape has established scholarly rulings in Islamic Shari’ah, which vary according to the nature of the act and how it occurred.

“Rape is a heinous crime and a flagrant violation of honor,” the fatwa said.

If the assault occurs without weapon or kidnapping, it is considered rape, and the perpetrator is subject to the prescribed punishments for rape in Islamic law, it said.

The penalty includes 100 lashes if he is unmarried and stoning to death if married, the fatwa stated.

If the assault involves carrying weapons or kidnapping the woman, the crime is considered banditry, and its punishment can reach execution or crucifixion, as determined by the ruler to achieve deterrence and protect society, the religious edict stated.

The fatwa noted that marriage of a raped woman to the man who raped her, without the use of weapons or kidnapping, after the imposition of appropriate penalties or amicable reconciliation, and if the victim consents to marriage, then such marriage is permissible.

“However, if she does not consent, no one, whether her guardian or anyone else, is allowed to force her to marry someone she does not want,” the fatwa pointed out.

Among the 11 individuals who penned and reviewed the ruling are Islamic jurists in the persons of sheiks Kamarudin Baulo, Ebrahim Norodin, Ahmad Mala, Usman Alhamid, Samsudin Abdulrahman and Mohidin Usman. (Bong S. Sarmiento / MindaNews)