• Rape without threat (e.g., deception or exchange rape) requires four witnesses or a confession.
• Rape with threat is considered banditry or harāba (Arabic: حرابة), which requires two witnesses regardless of whether rape occurs or not, or a confession.

• Rapist gets the same punishment as committing adultery: 100 lashes for a virgin rapist, and death by stoning for a non-virgin rapist, in addition to a financial compensation.
• Rapist gets the death or crucifixion penalty, in addition to a financial compensation.
• Marital rape, where a husband is accused of raping his wife, is not punishable in Islam.

In the gloss of Sharh al-Zurqāni of Muatta' Mālik 16/37 (Arabic: شرح الزرقاني على موطأ الإمام مالك), Imam Malik ibn Anas said that the man who rapes a woman, virgin or not, he must pay her a dowry similar to that of her peers. The [adultery] punishment is only for the rapist, and there is no punishment for the woman under any condition. This is based on the opinion of 'Ali ibn Abi Talib, and equally adopted by Al-Layth ibn Sa'd, Al-Shafi'i, and other scholars.

The Prophet ﷺ said that we are exempt from punishment when the act is out of ignorance, forgetfulness, or force:

عَنِ ابْنِ عَبَّاسٍ، عَنِ النَّبِيِّ ﷺ قَالَ:‏ إِنَّ اللَّهَ وَضَعَ عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ

It was narrated from Ibn 'Abbas that the Prophet (ﷺ) said: "Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."

_{— Sunan Ibn Majah, Book 10, Hadith 2123}

إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَن يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَافٍ أَوْ يُنفَوْا مِنَ الْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ

Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment.

_{— Surat Al-Ma'idah 5:33}

The scholarly view is that one is obliged to defend one's religion, life, honor, mental soundness, and wealth. An act of defense of any these five items that results in harm to the aggressor is not punishable:

Accordingly, a woman should try to defend herself against a rapist, even to the extent of killing him if necessary, and she would not be punished for her act of defense.  Ibn Qudamah said in Al-Mughni that the view of Imam Ibn Hanbal was that a woman who kills her attacker to protect herself is not at fault, then he mentioned the hadith above.

Ibn Qayyim al-Jawziyya in his book "Al-Turuq al-Hukmiyya" (Arabic: الطرق الحكمية في السياسة الشرعية) said that 'Umar ibn al-Khattab was about to have a woman stoned to death for admitting to having committed adultery. 'Ali ibn Abi Talib questioned her reason, and she said that her business partner when she was desperately thirsty, would only give her something to drink if she let him have his way with her. She refused three times but finally gave in. As this was a crime punishable through confession, it was considered exchange rape, and she went unpunished.

Having said that, culture plays a great deal when it comes to crime that touches the honor of the family. Honor killing is a major concern, to varying degrees, all over the world. Rape victims may face severe punishment from their own family members for allegedly bringing disgrace to the family. This, however, is not based on teachings of Islam, albeit reportedly more prevalent in countries with a majority of Muslims.

Proof of rape

• Rape without threat (e.g., deception or exchange rape) requires four witnesses or a confession.
• Rape with threat is considered banditry or harāba (Arabic: حرابة), which requires two witnesses (regardless of whether rape occurs or not) or a confession.

Punishment

• Rapist gets the same punishment as committing adultery: 100 lashes for a virgin rapist, and death by stoning for a non-virgin rapist, in addition to payment of a financial compensation.
• Rapist gets the death or crucifixion penalty, in addition to payment of a financial compensation.
• Marital rape, where a husband is accused of raping his wife, is not punishable in Islam.

In the gloss of Sharh al-Zurqāni of Muatta' Mālik 16/37 (Arabic: شرح الزرقاني على موطأ الإمام مالك), Imam Malik ibn Anas is quoted to have said that the man who rapes a woman, virgin or not, must pay her a dowry similar to that of her peers. The [adultery] punishment is only for the rapist, and there is no punishment for the woman under any condition. This is based on the opinion of 'Ali ibn Abi Talib (see the account by Ibn Qayyim al-Jawziyya below), and equally adopted by Al-Layth ibn Sa'd, Al-Shafi'i, and other scholars.

Ibn Qayyim al-Jawziyya in his book Al-Turuq al-Hukmiyya (Arabic: الطرق الحكمية في السياسة الشرعية) said that 'Umar ibn al-Khattab was about to have a woman stoned to death for admitting to having committed adultery. 'Ali ibn Abi Talib questioned her reason, and she said that her business partner, when she was desperately thirsty, would only give her something to drink if she let him have his way with her. She refused three times but finally gave in. As this was a crime punishable through confession, it was considered exchange rape, and she went unpunished.

إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَن يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَافٍ أَوْ يُنفَوْا مِنَ الْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ

Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment.

_{— Surat Al-Ma'idah 5:33}

The Victim

The Prophet ﷺ said that we are exempt from punishment when the act is out of ignorance, forgetfulness, or force:

عَنِ ابْنِ عَبَّاسٍ، عَنِ النَّبِيِّ ﷺ قَالَ:‏ إِنَّ اللَّهَ وَضَعَ عَنْ أُمَّتِي الْخَطَأَ وَالنِّسْيَانَ وَمَا اسْتُكْرِهُوا عَلَيْهِ

It was narrated from Ibn 'Abbas that the Prophet (ﷺ) said: "Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."

_{— Sunan Ibn Majah, Book 10, Hadith 2123}

Self-defence

The scholarly view is that one is obliged to defend one's:

• religion
• life
• honor
• mental soundness
• wealth.

An act of defense of any these five items that results in harm to the aggressor is not punishable:

Accordingly, a woman should try to defend herself from her rapist, even to the extent of killing him if necessary, and she would not be punished for her act of self-defense. 

Ibn Qudamah said in Al-Mughni that the view of Imam Ibn Hanbal was that a woman who kills her attacker to protect herself is not at fault, then he mentioned the hadith above.

Culture and honor killing

Culture plays a great deal when it comes to crime that touches the honor of the family. Honor killing is a major concern, to varying degrees, all over the world. 

Rape victims may face severe punishment from their own family members for allegedly bringing disgrace to the family. This, however, is not based on teachings of Islam, albeit reportedly more prevalent in countries with a majority of Muslims.

More information

• Rape without threat (e.g., deception or exchange rape) requires four witnesses or a confession.
• Rape without threat is considered banditry or harāba (Arabic: حرابة), which requires two witnesses regardless of whether rape occurs or not, or a confession.

• Rape without threat (e.g., deception or exchange rape) requires four witnesses or a confession.
• Rape with threat is considered banditry or harāba (Arabic: حرابة), which requires two witnesses regardless of whether rape occurs or not, or a confession.