The Bangsamoro Darul Ifta has ruled that forcing a rape survivor to marry her perpetrator is prohibited under Shari’ah law. The fatwa, issued on February 26, stresses genuine consent and compassion for survivors. The Bangsamoro Women Commission hailed it as a historic decision.
The Bangsamoro Darul Ifta (BDI) issued a fatwa on February 26 declaring that compelling a rape survivor to marry her attacker is not permissible under Islamic Shari’ah. According to a Bangsamoro Information Office press release on March 31, marriage requires genuine consent that coercion or violence cannot override.
The BDI described rape as one of the most heinous crimes, with Shari’ah designed to protect honor and impose strict punishment on violators while absolving survivors of blame. Victims deserve protection, support, and compassion. A perpetrator may provide financial restitution equivalent to a dowry to acknowledge harm, but this does not require marriage.
This contrasts with Article 344 of the Revised Penal Code, which extinguishes criminal liability for crimes against chastity, including rape, if the offended woman marries the offender. However, the BDI fatwa remains a non-binding opinion for Shari’ah courts.
The Bangsamoro Women Commission welcomed the ruling, stating through the BIO, “The BWC extends its deepest gratitude... to the BDI for issuing a historic fatwa affirming that no woman can be forced to marry her rapist.” The decision comes as the Bangsamoro Autonomous Region in Muslim Mindanao observes National Women’s Month.
