2026-04-12

Bangsamoro fatwa rejects forced marriage in rape cases

A woman stands in quiet reflection as the Bangsamoro Darul Ifta issued a landmark ruling on February 26, 2026—Fatwal No. 5, Series of 2026—affirming that no survivor can be forced into marriage, reinforcing dignity, consent, and justice for women in the Bangsamoro region. (Hamdan Badrudin/BIO) COTABATO CITY—Bangsamoro Darul Ifta (BDI) has declared under Fatwa No. 5, Series of 2026, that forcing a rape survivor to marry her perpetrator is strictly prohibited under Shari’ah law. The Bangsamoro Women Commission (BWC) welcomed the ruling, calling it a landmark step in upholding women’s rights and dignity, as the region marks National Women’s Month and continues efforts to strengthen protection for women and girls and promote survivor-centered responses to gender-based violence. “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 commission said. Consent is essential for a valid marriage in Islam Issued by the BDI on Feb. 26, 2026, the religious body rejected the notion on whether marriage could be used as a remedy in cases of rape, stressing that consent is a fundamental requirement for a valid marriage in Islam and cannot be replaced or presumed in situations involving 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. Such practice, BDI said, would further harm the survivor by binding her to the person who committed the abuse and imposes two heavy burdens: the trauma and harm caused by the rape itself and the lifelong ordeal of being married to the perpetrator—one of the most unbearable situations a survivor can face in her married life. “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. No force marriage, even with compensation The BDI also noted that the perpetrator may be required to provide financial compensation to the survivor, such as a dowry equivalent, as recognition of the harm caused. However, this does not create any obligation for the survivor to marry the offender. Marriage is only valid when there is explicit and full consent of the woman. It further clarifies that while marriage may be permissible in rare cases after justice is served and only if the survivor freely agrees, no one—including guardians—has the right to force such a decision. Survivors of gender-based violence are urged to seek help and report incidents through established support mechanisms, including barangay-based Violence Against Women and Children (VAWC) desks, Women and Children Protection Desks of the Philippine National Police (PNP), and local Social Welfare and Development Offices. Assistance is also available through the BWC and community-based support groups. These institutions provide a range of services such as legal assistance, psychosocial support, and protection interventions aimed at ensuring the safety of survivors and facilitating their access to justice. (Settie Jehana Baunto/BIO with reports from BDI)