Criticism of Rape Victims' Treatment by the 'Ulama

On May 20, 2009, on the liberal website Middleeasttransparent, Lebanese columnist Ayman Nassar [1] criticized an article published by the London daily Al-Sharq Al-Awsat regarding a fatwa sanctioning abortions for rape victims under certain conditions. Nassar rejected these conditions, and demanded that the clerics either stop ruling on matters in which they lack scientific and professional expertise, or take into account the opinions of the relevant expert community.
Following are excerpts from the article:

"The Article... Miraculously Transform[s the Problem] Into a Simple Matter... Like Buying a Kilo of Apples"
"It is with great concern that I read the article published May 12, 2009 in Al-Sharq Al-Awsat titled "Debate over the Fatwa Sanctioning Abortion for Rape Victims" [2] … I cannot understand the point [in publishing] such articles, since they are not relevant to our society, nor do they belong in the column [dealing with] Islamic [issues].
"Why do we hasten to ask 'knowledgeable parties' [i.e. clerics] their opinion on everything that happens to us and has not yet been addressed by a fatwa? I have heard of almost no scientific or social phenomenon regarding which no fatwa has been issued…
"Who are they, these [clerics] whom we consult regarding Koranic verses? Are they [really] sheikhs? Are they [really] muftis? Have they knowledge of tradition and of the Koran?...
"The [Al-Sharq Al-Awsat] article discussed different opinions regarding [the permissibility of] abortion for rape victims… but neglected to mention the views of psychologists and sociologists - those who usually deal with these matters. Nor does the article reflect the point of view of the women who are the victims, who have been raped. The article also fails to take into account the sociological, psychological, and family implications of this problem - thereby miraculously transforming it into a simple matter with no ramifications, like buying a kilo of apples, as if it did not involve a living being who has been hurt, and as if the point of view were all that mattered…"
Al-Azhar Sheikh is Confusing Rape with Prostitution
"…Let us take a close look at the article. In it, Al-Azhar Sheikh [Dr. Muhammad Sayyed Tantawi] is asked to state his opinion regarding [the permissibility of] abortion for a rape victim. He replies: Such a woman is permitted to have an abortion, but only if she is pure, her reputation is unblemished, and she resisted the rape.
"Thus, by sleight of hand, 'His Highness' rules who may have an abortion and who may not. [Dr. Tantawi,] the highest-ranking cleric in the Muslim world, singled out [a group of women] as an exception. The conditions he stipulates - which he phrases as a statement, rather than a suggestion - mean that [a woman] who is not Muslim, who does not wear the hijab, and who is not devout… brings the disaster upon herself, and may not abort her fetus.
"[Tantawi] further posits that [a woman may abort only if] she resisted the rape. Has any of the readers heard of rape by agreement?! A rape on which [the man and the woman] agree is [not rape but] prostitution - which is very different from rape. Is there any logic in [Tantawi's] statements, or are they nothing but senseless gibberish, like many sheikhs utter before coming up with an answer?!
"Next, [the article] presents the view of Al-Azhar Research Center member, Dr. Mustafa Al-Shak'a, who concurs with Tantawi's view but restricts the time frame when abortion is allowed to 120 days following conception… since, [he says,] after 120 days, a fetus is perceived as [an entity with] a soul and its murder is forbidden. Al-Shak'a's opinion is shared by Sheikh Mahmoud 'Ashur, [former deputy of Al-Azhar Sheikh and currently a member of the Al-Azhar Research Center].
"According to an opposing view presented in the article, abortion is forbidden on the grounds that life begins when the sperm enters the ovum; thus, abortion is tantamount to murder at any time. This view's proponents base their arguments on [several] hadiths and on the precedent of the woman from the Ghamidiyya [tribe]. [3] According to the article, this was the ruling of Dr. 'Abd Al-Fattah Idris [the head of the Comparative Islamic Law department at Al-Azhar's Shari'a faculty], who contended that [the Prophet Muhammad] ordered Al-Ghamidiyya to give birth [before having her stoned]… Thus, Sheikh [Idris] extrapolates from something that happened long ago to modern times - and equates harlotry with rape, as if they were one and the same."
The 'Ulama Disregard the Suffering of Rape Victims
"It is with deep anguish that I ask again: Who taught these people to issue fatwas on matters they don't understand? Who gave them the idea that their opinions are correct just because they back it up with a [Koranic] verse or a hadith? Why doesn't even one of them suggest consulting experts who treat rape victims? Why doesn't a single one ask the rape victim, so as to understand her hurt, pain, suffering, and humiliation? Why don't they ask rape victims how they are treated by society, expelled from the family, divorced by their husbands, and repulsed by their fathers?
"Why can't they see [the implications of] their statements? Why don't they take into account statistical data collected by organizations that deal with these issues, and [rape's] destructive consequences for the individual and the family, [including] repeated suicide attempts?...
"Has any of [these clerics] asked these women whether they are emotionally fit to raise a child [born from rape]? Do they really believe that we live in a pure world that accepts, pities, and protects such children?"

[1] www.middleeasttransparent.com, May 20, 2009.
[2] Al-Sharq Al-Awsat (London), May 12, 2009.
[3] The wife of one of Prophet Muhammad's companions, who conceived as a result of adultery and asked the Prophet to purify her of her sin. After she gave birth and weaned the baby, Muhammad ordered that she be stoned, and that her soul be prayed for since she had repented. 

Source: http://www.memri.org/bin/latestnews.cgi?ID=SD254309 

IHS