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Abused by my own cousin

Answered as per Hanafi Fiqh by Askimam.org

I need some advice urgently as I am overwhelmed with stress depression and anxirty and finding it extremely difficult to survive in a day to day basis. I would rather die to be honest. But as a last ditch attemp to salvage any hope for a life worth living please advise me thT according to Islamic shariah am I within.my right to bring the man who raped abused me inmy childhood between 3 and 6 years of age to.justice. he is my cousine brother and in his 60’s now and married to my sister. The family know what he has done but they still accept him as part of family. And treat me as an outcast. I have huge mental and physical health problems. I want to.know if it is rightful to bring him to justice? Please advise my life is hell on earth and i cannot bear the injustice of him enjoying life whilst i suffer. Please advise. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Sister in Islam,

Your grief and anxiety is understandable. May Allah grant you courage to overcome your emotional trauma.

You enquire if you are within your rights in Shariah to bring your cousin brother to justice.

Child abuse is a heinous crime and a major sin. A child is entitled to complete protection. If there is any threat against a child in any way, that has to be addressed with the seriousness it deserves.

If there is any injustice done to a child, the matter can be taken to the authorities for re dress.

Accordingly, you are within your Islamic right to seek justice and redress.

At this stage, we advise you to seek professional counselling. That will assist you to overcome your anxiety and you will be in a better frame of mind to address the injustices done to you in an appropriate way.

You should also identify an appropriate person in the family or anyone you trust in and who has influence on your family and confide in that person. That will also assist you in the healing process.

Put your trust in Allah and seek strength from him. Du’aa is the weapon of a believer. Implore Allah Taalah to alleviate you from the predicament you are faced with. Try to put this behind you and progress in life. Do not hurt yourself any further. Do not allow the wrong of another person to block your progress in life

Sister, we are all travelling to the hereafter.  No oppressor will get away in the court of Allah.

Most definitely, Allah, the Most Just will do justice to you and also favour you with His special grace. Never feel alone. Allah is with you.

Consider the following verse:

وَلَا تَحْسَبَنَّ اللَّهَ غَافِلًا عَمَّا يَعْمَلُ الظَّالِمُونَ إِنَّمَا يُؤَخِّرُهُمْ لِيَوْمٍ تَشْخَصُ فِيهِ الْأَبْصَارُ

Translation: Never think Allah is unaware of what the oppressors do. (Allah does not punish them immediately because) He is only granting them respite until a day when gazes of people will be fixed upwards (because of their intense fright).

(Surah Ibrahim, Verse 42)

Also, consider the following Hadeeth:

أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ ‏ “‏ لَتُؤَدُّنَّ الْحُقُوقَ إِلَى أَهْلِهَا يَوْمَ الْقِيَامَةِ حَتَّى يُقَادَ لِلشَّاةِ الْجَلْحَاءِ مِنَ الشَّاةِ الْقَرْنَاءِ

Translation: The claimants would get their claims on the Day of Resurrection so much so that the hornless sheep would get its claim from the horned sheep. 

(Saheeh Al-Muslim, Kitaab Al-Birr-Wa-Al-Silah)

And Allah Ta’āla Knows Best

Muhammad I.V Patel

Student Darul Iftaa
Lusaka, Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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