GENERAL SANTOS CITY (MindaNews / 23 March) – Oxfam Pilipinas, the Philippine affiliate of global non-profit Oxfam International, lauded Monday Islamic jurists in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) for issuing a fatwa (religious edict), which declares that forcing a rape victim to marry her abuser without her consent is “haram” or forbidden.

“The fatwa affirms the fundamental rights of women and girls and emphasizes that sexual violence must be met with justice: victim-survivors should not be trapped in a cycle of violence and perpetrators should not evade persecution,” it said in a statement.

“It also sets a powerful precedent for upholding dignity and respect, paving the way for a future free from violence and oppression,” it added.

The Islamic jurists who issued the fatwa belong to the Bangsamoro Darul-Ifta’, the highest religious advisory body in the BARMM that issues fatwas, or religious edicts, to guide the interpretation and application of Islamic teachings in various contexts.  

Oxfam Pilipinas welcomed the BDI’s fatwa as the country observes the celebration of the National Women’s Month.

Sheik Abdulrauf Guialani, the Bangsamoro Grand Mufti (top Islamic jurist), noted that the BDI made the ruling last month following a meticulous review of  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.

“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 also earlier lauded the BDI for coming out with a clear ruling on forced marriage involving a woman and her rapist.

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.”

Women’s group LILAK Purple Action of Indigenous Women (LILAK)  pointed out that rape is a heinous crime and an act of violence and a flagrant exercise of power over women, hence the perpetrator must not be absolved of his crime through forced marriage.

“A (victim’s) marriage to the rapist, in any context or circumstance, is abhorrent. It will be a continuing act of violence – psychological, emotional, and physical,” it said.

In a statement sent to MindaNews, LILAK stressed that no woman and girls should be forced to marry a person that she doesn’t wish to marry.

“Marriage is a commitment and should be a consensual process from both parties,” it said.

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)