Zinâ ve hirâbe hadleri bağlamında tecâvüz suçu

The goal of this thesis is to handle an important subject in Islamic jurisprudence especially in the branch of punishments mainly that of rape. The thesis begins with giving a definition of rape according to the classical Islamic jurisprudents and the modern definition alongside clarifying details so there is no ambiguity left between rape and other acts that are sometimes considered rape such as adultery، the motives of adultery، verbal molestation، indecent assault and the likes. The researcher reports in his thesis the means with witch rape can be proven guilty such as confession، witnesses، medical expertise and the likewise witch without it the accusation of rape has no jurisprudicial value. The researcher investigates the punishment of rape (witch is the core of the thesis) and clarifies the opinions of the jurisprudents witch are segregated in to two groups regarding the different ways in handling the punishment of the rapist. The first group deems the punishment of rape the same as the punishment of adultery while the other deems it as the punishment of rebellion. Likewise the researcher investigates the ways of executing the punishments and observes the opinions of the jurisprudents which are again segregated in two groups in this matter. The researcher also points out the penitent of the rapist whether it has an effect on his punishment or not. Finally the researcher concludes his thesis with giving clarifications on the aftermath of rape such as the falling of the penalty and the effects of rape such as physical damage dealt to the victim like the ripping of the hymen and mingling of the anus and the vagina. He also mentions the opinions of the jurisprudents regarding abortion before and after the blowing of the soul، and lastly explains the jurisprudence of the child born because of rape; regarding his kinship and alimony.