Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person who is incapable of giving valid consent, such as one who is unconscious, incapacitated, has an intellectual disability or is below the legal age of consent.
Victim of rape is never blamed for being a victim of rape unless she had some role in causing the crime e.g. deliberately going to dangerous places or exposing her body to outsiders etc. Proving the crime of rape is similar to proving any other crime.
Rape crime is a major sin in Islam which leads the rapist to hell fire.
In addition to what has already been said, one thing to consider is that when a man or woman is put in a situation where they feel their sexual performance is being tested, it sometimes does not go well, because they feel self-conscious and under pressure to perform, and consequently are too stressed or awkward to engage with the situation.
This is rather different from a situation where two people commit to a marriage, commit to working through any sexual difficulties on either side (including any long-term medical, psychological, or psychiatric interventions), and focus on enjoying their relationship with each other in a holistic manner with an attitude of love and support, which is a less threatening sort of situation, and one that is more likely to nurture a long-term good relationship.
Wishing you both the best!
If you wish to marry someone, and you know they have experienced an unfortunate traumatic event, then you must be equipped with dealing with whatever situation or issue that arises.
It would not be fair for you, or for her, that you are deprived of your sexual needs, and also unfair that you have some kind of "trial" with her before committing to marriage.
If your question is a fiqhi question, should you and her meet the requirements of having a legitimate temporary marriage contract, then it would be valid for you to do so, but it would not solve the main issue for the future.
Most important is understanding how to deal and interact with someone who has gone through a trauma and how it could affect the marital relationship, and whether or not both of you are able to handle it.
This young lady you want to marry deserves to be treated right and fair, and not pressured into anything, and her situation must be observed. God forbid, you do not want to aggravate her trauma or make her issues worse.
I would advice seeking guidance in getting professional counselling, for both of you, prior to making any decision, as long as you are genuine in wanting to marry her and will patiently assist her, not further harming her or making her life any more difficult.
With prayers for your success
In general, Islam prohibits abortion, and this is the primary law, considering abortion unlawful and a form of murder, where blood-money must be paid and a kaffarah.
In brief, there are certain circumstances where abortion becomes allowed. In the case of a rape incident, with the victim falling pregnant, before the fourth month (entering of the soul into the fetus), she is allowed to abort the fetus if there is extreme difficulty upon her to keep the baby. This means her mental state as the mother is unstable, her family and social status will be ruined, and she will not be able to bear the extremely damaging consequences of all of this. In this case, she is permitted to have an abortion.
As for after the fourth month, there are different opinions on this, and she must refer to her Marja' taqleed for the fatwa.
And Allah knows best.
I do not belive the exact phrase "marital rape" occurs in Islamic sources. That, however, does not mean that Islam condones rape within a marital context.
The Quranic command is for husband and wife to live with each other honourably and kindly. A number of ahadith further put emphasis on this. Husbands are ordered to treat their wives with fairness, kindness and patience. They are not to harm them.
As for sexual intercourse, husbands are further ordered to take care of their wives' needs and the husband is not to proceed with the actual coitus until the wife is ready.
Again, we remind ourselves that husbands are not allowed to mistreat and/or harm their wives.
Hence, although the terminology "marital rape" does not occur in the sources (as far as I know), I believe one must conclude that the act as such is not allowed.
In need of your prayers
1. Abortion is forbidden. A child is a human with a right to life regardless of how it is conceived. However, some scholars allow abortion in this situation if keeping the child is psychologically or personally traumatic. It is certainly not a requirement to abort the child.
2. "No man may marry her after that" - who said that? Yes, some people have some backwards ideas about virginity or purity or marrying a woman with kids, but these ideas are from people, not Islam. If the woman wishes to marry, inshallah she will find the right husband. Maybe she would not want to be married to someone who thinks in a wrong way.
Allah is merciful and just. It would not be merciful or just for Allah to punish the victim in this situation by forcing more consequences on her after the first trauma.
Yes of course. It is not only permissible, but it can be a very noble act to help a rape victim to build her life and get her out of the sufferings which were imposed on her with out any fault from her. Those who help others will be helped and blessed by Allah (SWT).
Raped woman gets justice immediately after the criminal is arrested and evidence is established against him.
No, it is not permissible for her to kill herself at all.
She has to do her best to protect herself and then she will not be responsible about what happens.
Abortion is not permitted in this case. It is only permitted in cases where the mothers life is at risk and there are circumstantial conditions in that scenario.