Rape in Islamic criminal jurisprudence and Libyan law

Abstract

In this research we dealt the concept of the crime of rape in Islamic Sharia and postural law.

We indicated that Islamic Sharia and the Libyan law protect individuals and prohibit assault them by placing certain restrictions that have deterrent penalties for their violation.

Islamic Sharia punishes the rapist with the same punishment for adultery, and the punishment is stoning to death "if he is married" and flogging a hundred lashes if he is not married.

We have identified the rape in postural systems and how the Libyan legislator ,in Article (407/1), dealt with the penalties for rape, and it became clear that the meaning of rape in Islamic criminal jurisprudence and Libyan law is that the man has sexual intercourse in the legal meaning of the victim being pregnant by coercion or dissatisfaction, and that this is deliberate.

we clarified , in our research, the pillars of rape and the penal policy in facing the crime of rape. We referred to the ruling on exempting the rapist from the aforementioned punishment in the event of his marriage to the victim, and we asked whether this is permissible? Because it became clear to us in this matter that the Islamic Sharia and the Libyan law permit  this in Article (424) Penalties.