Bangsamoro religious authority rules against forced marriage for rape survivors

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MANILA, Philippines — The Bangsamoro Darul Ifta (BDI) has officially declared that forcing a rape survivor to marry her perpetrator is strictly prohibited under Shari'ah law.

In a "fatwa" or a ruling on a point of Islamic law, released on February 26, the BDI explained that Islamic law strictly prohibits forcing a rape survivor to marry her attacker, emphasizing that marriage requires genuine consent that cannot be bypassed through coercion or violence.

"It is not permissible in Islamic Shari'ah to compel a woman to marry the man who assaulted and raped her," the fatwa stated, according to a press release by the Bangsamoro Information Office (BIO) on March 31.

The religious authority further explained that such a practice only compounds a survivor's trauma by binding her to her abuser and maintained that because rape is a heinous crime, the law exists to punish the perpetrator while ensuring the survivor is treated with compassion and absolved of any blame or liability.

"Rape has established rulings in Islamic Shari'ah that vary according to the nature of the act and how it occurred. […] It is one of the most heinous and dangerous crimes. Islamic Shari'ah came to protect honor, safeguard sanctity, and impose strict punishment on anyone who violates it in any form," the fatwa stated, reiterating that the survivor bears no sin, liability, or punishment, and should instead be protected, supported, and treated with compassion," the fatwa read.

The BDI further explained that while a perpetrator might be ordered to pay financial restitution or a dowry equivalent to acknowledge the harm inflicted, such a payment does not mandate that the survivor marry her attacker.

The religious body emphasized that a marriage is only valid with the woman's explicit and full consent, adding that even in rare cases where a union might be considered after justice is served, the choice rests solely with the survivor and cannot be forced by anyone, including her guardians.

According to the BIO, the Bangsamoro Women Commission (BWC) welcomed the decision, noting its significance as the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) observes National Women's Month.

"The BWC extends its deepest gratitude and heartfelt appreciation to the BDI for issuing a historic fatwa affirming that no woman can be forced to marry her rapist," the BIO said in a press release, citing the BWC.

With the recently issued fatwa, it will now differ from what the Revised Penal Code says about marrying one's abuser.

It should be noted that a fatwa is an authoritative legal opinion by a religious authority in Bangsamoro. However, it is a non-binding ruling to Shari'ah courts.

What does the Revised Penal Code say about marrying one's abuser. The Revised Penal Code, under Article 89 (7), says that criminal liability is extinguished under provisions of "crimes against chastity" if the "offended woman" marries the perpetrator.

Crimes against chastity under Article 344 of the Revised Penal Code refer to crimes of "adultery, concubinage, seduction, abduction, rape and acts of lasciviousness."

Article 344 also states that in instances of rape, seduction, abduction, and acts of lasciviousness, a marriage between the offender and the offended party serves to extinguish the criminal action or remit any penalty already imposed.

This legal provision further clarifies that such a discharge of liability also extends to any co-principals, accomplices and accessories involved in the commission of these specific crimes.