moroccan girl commits suicide


revert of many years

Last Updated: Thu Mar 15, 2012 18:23 pm (KSA) 15:23 pm (GMT)

Moroccan girl commits suicide after being forced to marry her rapist

Wednesday, 14 March 2012

By Al Arabiya

A 16-year-old Moroccan girl has committed suicide after a judge ordered her to marry her rapist, according to Moroccan media reports.

Last year Amina al-Filali’s parents filed charges against their daughter’s rapist, a man 10 years older than her but it was only recently that a judge in the northern city of Tangier decided that instead of punishing him, the two must be married.

Mustafa Fallaq, the rapist/husband, of Amina al-Filali. (Still photo taken from Morocco's 2M TV video)

The court’s decision to forcibly marry Amina to her rapist was supposed to “resolve” the damage of sexual violation against her, but it led to more suffering in the unwelcoming home of her rapist/husband’s family.

“After I filed a complaint against him, he said he will marry her. And when he married her and took her to his family's home he mistreated her, beating her and leaving her starve with no food,” Zahra Mallim, Amina’s mother told the Morocco's 2M TV.

Traumatized by the painful experience of rape, Amina decided to end her life by consuming rat poison in the house of her husband’s family, according to the Moroccan daily al-Massae.

According to the newspaper, this type of forced marriage is rooted in local rural traditions to safeguard the honor of girls who are raped.

Moroccan penal code exempts a rapist from punishment if he agrees to marry his victim.

“When the judge said they will marry, I did not agree, but I could not challenge the law. I wanted that man (the rapist) to go to prison,” Lahsan al-Filali, Amina’s father, told the 2M.

“At first I did not agree to this marriage, but when the court of family affairs called me and pressured me, I agreed,” he added.

Feminists have long demanded an amendment to this article.

Hafida Elbaz, director of the Women’s Solidarity Association told a-Massae that the article provides an opportunity for a perpetrator to avoid punishment.

The story has widely spread on Twitter and on Facebook with many in Morocco demanding action against the judge who issued the ruling.

(Written by Mustapha Ajbaili)


Assalaam walaikum,

So this is Moroccan law I assume. What does that have to do with Islamic law? If this is a nationalistic law then we have to understand it as a cultural issue.


Junior Member
Asalam alaikum wa ramhatullahi wa barakatou

what will happen to this girl in the Hereafter???? :girl3:

sister herb

Official TTI Chef

Only Allah knows this. We can just hope that Allah is mercy to her and she finds that justice she didn´t get in this world - under pressure of kind of "laws".



Assalaam walaikum,

I think we need to become educated on Sharia. What is the exact judgement on such as issue. And then examine this in light of Sharia. We need to find wisdom in Allah subhana wa taala's Word. Was the judge who made the decision ruled by Sharia or specifically Moroccan law.

Before we can make judgement we have to have knowledge. InshaAllah, we can have a discussion which will lead to enlightenment.


Assalaam walaikum,

Sister, before I do..please ask your father's permission and let him know who I am. Please let him read this post. And if he has know what to do...


Junior Member
I heard recently a so called "Islamist" party won the elections in Morocco, we can only hope they change the morrocon penal code to something (at the very least) more shariah orientated.


Well-Known Member
Staff member
As-salaamu `alaykum

Not really sure this was "Moroccan" law as such, perhaps as suggested, customs of certain peoples? Mind you, this same ruling is found in the Old Testament. There is a very brilliant response to this issue from an Islamic perspective on IslamQA. It really hit's the nail on the head for me. Due to that, I'll share it below,

What is the ruling on the crime of rape in Islam?.

Praise be to Allaah.

The Arabic word ightisaab refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).

This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allaah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman.

Islam has a clear stance which states that this repugnant action is haraam and imposes a deterrent punishment on the one who commits it.

Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.

The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement! In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?

The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.

Some scholars also say that he is required to pay a mahr to the woman.

Imam Maalik (may Allaah have mercy on him) said:

In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. End quote.​

Al-Muwatta’, 2/734

Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said:

In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him).

Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”.

The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods.
End quote.

Al-Muntaha Sharh al-Muwatta’, 5/268, 269

Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.​

Al-Istidhkaar, 7/146


The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allaah says (interpretation of the meaning):

“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter”

[al-Maaidah 5:33]​

So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.

See also question no. 41682

And Allaah knows best.

Islam Q&A