Answer :
The questioner is referring to this case : Aruna Shanbaug: Brain-damaged India nurse dies 42 years after rape: http://timesofindia.indiatimes.com/city/mumbai/Aruna-Shanbaug-is-finally-at-peace-after-42-years-in-coma/articleshow/47324313.cms
It is indeed very sad and in all honesty when i went through the case details and gazed at her youth , i sighed with so many thoughts rushing into my brain. My heart filled with sorrow wondering at a million things. Comparing her old photos with her new one's my heart shrank back in astonishment. I was discussing this unfortunate incident with my family with so much to feel. Moving on, keeping Allah as my witness i will try to academically answer this question sincerely with regards to what i truly feel inside and in accordance to the Islamic perspective freeing myself from any bias or prejudice
I request the reader to kindly correct me if my wordings or passages happen to be inappropriate though i am taking utmost care to avoid any such mistakes.
Bismillah, was salatu was-salaam `ala rasoolullah
One has to realize that while human emotion is a gift and is a vital need and pre-requisite in our everyday life and its affairs, at the same time it should be controlled to keep a clear mind for even when sweetness in an excessive amount causes harm.
The question is divided into the following main parts
1. What is the standing of someone who is in a position like Miss Aruna Islamically in terms of faith, i.e. has she died on faith ?
3. What if the rapist accepts Islam, will he be forgiven of his previous crime?
4. What will happen to them both on the day of Judgement ?
1. What is the standing of someone who is in a position like Miss Aruna Islamically in terms of faith, i.e. has she died on faith ?
Whether she has died on faith of Islam or not, this is something Allah alone knows and perhaps her only. Neither do we know if she received the proper message of Islam during her youth or not. Therefore with regards to her faith we believe what is told about her from the authorities and the matter of hereafter we leave it unto God for neither did he make us partner in his decision nor did he inform us about the future. So Muslims should avoid getting into any speculation regarding her faith, especially when faith is such a sensitive issue and could offend anyone close to her even if not intended.
2. How will she be recompensed in this world and hereafter
the answer to this question comes from some verses and ahadeeth the gist of which revolves around the very fact that Allah is just and he rewards everyone as per their deed. A hadeeth [Ref: Saheeh Bukhaari, 658] on a similar topic mentions that the Prophet (sallalahu `alayhi wa sallam) said that the romans and the byzantines who were richer and more powerful than the Muslims then were rewarded for their good deeds in this world itself. But the eternal hereafter is only for believers.
As for this world then the following is a small brief summary of the love respect and honour she was given
Generations after generations of nursing students at KEM Hospital have attended to her needs—giving her bath, changing her clothes and feeding her.
Perhaps for this reason, the presence of Aruna's relatives and their wish to perform the last rites were faced with stark opposition from the nurses. They had also fought all attempts to take Aruna away from their care. In 1980s, they fought the BMC while later in 2009 they protested author Pinki Virani's move to Supreme Court seeking an end to her being force-fed. "Where were they for the past 42 years when she needed them? They went on with their lives as she lay here," said senior nurse Kalpana Gajula. It later turned out that hospital authorities had informed the relatives about her demise.
Aruna's niece Mangala and nephew Vinayak Nayak reached the hospital from Virar soon after they were told of it. Mangala said in the past three days, the family had come to the hospital several times to visit her but could not do so as she was in the ICU. "The family had attempted to meet her earlier as well, but it was never easy to get past hospital protocols," she said.
On Monday, though, for Aruna's sake, the hospital and her family decided to come together and give her a dignified farewell. People from all walks of life came to pay their last tribute to her. A woman in her late 30s broke down as she stepped out after paying her tribute. "My mother has been lying in a vegetative state for nearly four decades now. I know what it means to take care of such a person all these years. I have heard about Aruna since I came to Mumbai after my marriage," said the woman, who did not want to be identified.
Her body was taken to the Bhoiwada crematorium, where nurses carried her on their shoulders one last time. As dean Dr Avinash Supe and Nayak performed the rituals, almost all attendees were teary eyed. "According to Supreme Court directions, we were her custodians, but we thought the relatives should also be allowed to carry out their religious rituals," said Dr Supe, who lit the pyre around 5.45pm. The nurses rejected the GSB Seva Mandal's offer to pay for her final rites.
Umesh Pai, who hailed from Aruna's village in Karnataka, was also present for the last rites. He recalled her as the brightest of the nine siblings who was also the only one to complete her studies. "She was to get married in two months. She was a bright girl and a disciplinarian," he recalled, adding that only one of her siblings, Shyamala, is alive today. An octogenarian, she lives in Karnataka. "All of them drifted over time," he said.
In yet another article, times of india also highlights how the billion strong country gathered support for her . No euthanasia for Aruna Shanbaug, reiterate KEM hospital nurses http://timesofindia.indiatimes.com/city/mumbai/No-euthanasia-for-Aruna-Shanbaug-reiterate-KEM-hospital-nurses/articleshow/38564879.cms
This is just the jist of how much she will be missed remembered and held dearly by coming generations. A legend if you may will.
Apart from giving her this status , let us focus on the wardboy. He served 7 year jail term period under different charges because sodomy was not punishable by law in India back then.
Comparing this to the Islamic shar`iah (law) the principle of qisas (retaliation) is applied equally .
Imam An-Nawawi said:
"If the transgressor kills using a sword, then Qisas should not be applied to him with anything other than a sword, because Allah (Most High) says, "Then whoever transgresses the prohibition against you, you transgress likewise against him." [Qur`an] And also because the sword is the lightest type of pain (i.e. causes the least amount of pain). So if he uses this to kill, but then Qisas is applied on him with other than a sword-then the oppressed one has taken more than his legitimate right; because he only had the right to kill, yet, he not only killed, he also caused the transgressor torment. But if the transgressor burned his victim (till death), or drowned him, or threw stones at him (till death), or threw him off a cliff, or struck him with a piece of wood (till death), or confined him (till death), or refused to give him water and food till the victim died-then it is the right of the guardian to apply Qisas with the equal means, since Allah says, "And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted." ....
[Ref: al-Muhadhab Volume 2 page 186]
Islamically if it was seen that she was in coma , paralysed and almost life-less, then the same punishment would have been inflicted on the rapist along with the punishment of rape which would have been in addition.
So in a case when one fails to punish the rapist in a deserving manner , then the victim in the hereafter will be recompensed. Let me give you an example and note, i say this with all due respect. It is only an example to explain the situation .
There are two individuals facing 20 years of jail each. One happen to transgress against the other so the victim has 5 years removed from his total period and added to the transgressor. Now even if it be 15 years, this is still much better and relieving to the victim. 5 years less of torment and prison time is not a negligible concession. Rather will be hearty welcomed by most of them.
Theoretically speaking This is the situation in the hereafter between two Non Muslims . Even if both are destined to a common fate, yet the justice which was pending is given and the victim is relieved with whatever was due against the transgressor .
This is how the Islamic system works that even animals get their justice before they finally turn into dust :
It was narrated from Abu Dharr that the Messenger of Allaah (peace and blessings of Allaah be upon him) was sitting, and two sheep locked horns until one of them defeated and subdued the other. The Messenger of Allaah (peace and blessings of Allaah be upon him) smiled and someone asked him, “Why are you smiling, O Messenger of Allaah?” He said, “It is amazing. By the One in Whose hand is my soul, their score will be settled on the Day of Resurrection.”
“O Abu Dharr, do you know what they are fighting over?” He said, “No.” He said, “But Allaah knows and He will judge between them.”
[Ref: Saheeh Muslim, http://the-finalrevelation.blogspot.com/2012/09/animal-rights-in-islam.html]
3. What if the rapist accepts Islam, will he be forgiven of his previous crime?
The general ruling is that when a Non Muslim accepts Islam fully and repents sincerly, all his past sins are forgiven. But there are some specifications to this.
عَنْ أَبِي طَوِيلٍ شَطَبٍ الْمَمْدُودِ، أَنَّهُ أَتَى رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَقَالَ: أَرَأَيْتَ رَجُلا عَمِلَ الذُّنُوبَ كُلَّهَا، فَلَمْ يَتْرُكْ مِنْهَا شَيْئًا، وَهُوَ فِي ذَلِكَ لَمْ يَتْرُكْ حَاجَةً وَلا دَاجَةً إِلا أَتَاهَا، فَهَلْ لَهُ مِنْ
تَوْبَةٍ؟ قَالَ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّم: “فَهَلْ أَسْلَمْتَ؟“قَالَ: أَمَّا أَنَا فَأَشْهَدُ أَنْ لا إِلَهَ إِلا اللَّهُ، وَحْدَهُ لا شَرِيكَ لَهُ، وَأَنَّكَ رَسُولُ اللَّهِ.قَالَ صلى الله عليه وسلم: “نَعَمْ تَفْعَلُ الْخَيْرَاتِ، وَتَتْرُكُ السَّيِّئَاتِ، فَيَجْعَلُهُنَّ اللَّهُ لَكَ خَيْرَاتٍ كُلَّهُنَّ”.قَالَ: وَغَدَرَاتِي وَفَجَرَاتِي؟قَالَ صلى الله عليه وسلم:“نَعَمْ”.قالَ: اللَّهُ أَكْبَرُ، فَمَا زَالَ يُكَبِّرُ حَتَّى تَوَارَى.
أخرجه البزار في مسنده والطبراني في المعجم الكبير
It is narrated from Abu Taweel Shatab Al-Mamdood that he came to the Prophet (sallalhu `alayhi wa sallam) and said,
“What do you make of a man who did every single sin and did not leave any sin whatsoever, and he did not leave any desire – big or small – except that he fulfilled it. So is there any repentance for him?
”The Prophet (sallalhu `alayhi wa sallam) said, “So did you accept Islam?
”He said, “As for me, I bear witness that there is no deity worthy of worship besides Allah – He is One and has no partners – and you are the messenger of Allah (i.e. yes)”.
The Prophet (sallalhu `alayhi wa sallam)said, “Yes, do good deeds and leave sins [1] and Allah will turn all your sins into good deeds”.
He said, “Even my treachery/betrayals and my immorality?”
He (sallalhu `alayhi wa sallam) said, “Yes”.
He said, “Allahu Akbar!” and he continued saying it until he left.
[Ref: Reported by al-Bazzar and at-Tabarani, declared Saheeh by Albaanee in Saheeh al-Targheeb 3164, Hassan by Ibn Hajar and others.]
[1] This notion is what the scholars have used to explain that if a person does not leave his previous sins , does not repent from it sincerly then he will be punished or held accountable for that particular previous sin as well.
Question: A disbeliever embraced Al-Islaam, and when he did he was informed of the legislations of the religion, he had an addiction to drinking alcohol. He said: I embrace Al-Islaam in totality, however, as it relates to drinking alcohol I believe that it is prohibited by the legislation of Al-Islaam but I will continue to drink it. Will his sin i.e., drinking from before Al-Islaam be counted along with his drinking alcohol after Al-Islaam?
Shaykh ‘Uthaymeen: Will what be counted?
Questioner: His sin and disobedience from before Al-Islaam; along with his sin after Al-Islaam.
Answer: : Yes. If the disbeliever embraces Al-Islaam and does well in his Islaam then he will be pardoned for all of that which has preceded. If he embraces Islaam and does poorly then he will be taken to account for that which has preceded and that which he has done. So when he embraces Al-Islaam Allaah erases from him the sins of Shirk and disbelief. And is he remains upon that which he was upon from disobedience when he was in disbelief then he will not be pardoned for that which has preceded (from this disobedience) in the state of disbelief, because he has not repented From it.
Questioner: (As for the hadeeth that says) Islaam wipes away that which…
Shaykh completes the statement: It wipes away that which came before it, as long as he does not persist upon disobedience. This is affirmed within Saheeh Al-Bukhaaree; that he who does evilly within Al-Islaam he will be taken to account for the evil he has done and that which he did previously. This is because he has not repented from it, in reality. He has repented from disbelief so his disbelief is pardoned. But he has remained upon the disobedience of (drinking) alcohol and hence he sins by way of it. Due to this, if the Muslim commits a number of sins, and he repents from nine out of then of them, the tenth one still remains.
[Ref: Source: Liqaa’aat Al-Baab Al-Maftooh ; Summary Translation by Raha ibn Donald Batts ]
Another important principle in Islam is that with regards to harms and pain you caused others - be it in their honour, property or health - a mere repentance to God in seclusion doesn't cut the deal. Islam legislates that such sins wherein your actions have harmed others should be repented by means of seeking forgiveness from the one you harmed, Failure to do so will hold you accountable.
The Messenger of Allah (sallalahu `alayhi wa sallam) said:
"Oppression is of three types:
(1) Oppression that Allah does not forgive,
(2) Oppression that He forgives, and
(3) Oppression that he holds off on.
As for the oppression that he does not forgive, then that is polytheism, as Allah says: {"Verily, polytheism is a great oppression..."}
And as for the oppression that he forgives, then this is the oppression of the servants of themselves in what is between them and their Lord.
And as for the oppression that Allah holds off on, then this is the oppression of the servants to each other until they work it out between themselves"
[Ref: Jami Sagheer 3961 Hasan by Albani]
even our scholars have explained this likewise:
Ibn Hazam said :
…. And they agreed that repentance from disbelief is accepted as long as the person did not witness the certainty of death; and [they agreed that repentance] from fornication, homosexuality, consumption of alcohol and every sin between a man and his Master تعالى [is accepted] from that which does not require the paying of money and in which there is no oppression against another person.
[Ref: Ibn Hazam here quotes the Ijmaa` (consensus) of the Muslim scholars on various issues in Maraatib al-Ijmaaʿ fil-`Ibadāt wal-Muʿamalat wal-`Itiqadat (1/167) and said the above in one of those points]
قال الأوزاعي: بلغني أنه يقال للعبد يوم القيامة: قم فخذ حقك من فلان، فيقول: ما لي قِبله حق!ـ فيقال: بلى، ذكرك يوم كذا وكذا بكذا وكذا!. ـ
Al-Awzaa`ee [rahimahu Allah] said: It has reached me that it will be said to the slave of Allah on the Day of Resurrection: Get up and go take your right from so-and-so.
He will say: But I have no rights with him!
So it will be said: Nay, he mentioned you (badly behind your back) on this-and-that day with such-and-such!
[Ref: Shu`ab al-Eman by al-Bayhaqi 5/305]
قال سفيان الثوري: لأن تلقى الله تعالى بسبعين ذنباً فيما بينك وبينه أهون عليك من أن تلقاه بذنب واحد فيما بينك وبين العباد
Sufyan al-Thawri (may Allah have mercy on him) said:
“That you meet Allah (the exalted) with 70 sins between you and Him is much lighter than for you to meet Him with just one sin between you and the people
[Ref: Al-Tazkirah bi Ahwaal al-Mawta wa Umoor al-Akhira p. 726; Benefited from sirat al-Mustaqeem blog]
So whether a person accepts Islam or not, some of his sins of these gravity may very well be left over until the complete punishment and justice is not shed out by Allah.
4. What will happen to them both on the day of Judgement ?
As for the rapist Allah knows what is his condition. But as explained above that justice will be served. How, when and in which manner this is unknown to us humans.
As for the nurse, then i will not talk about her in particular for this is a very sensitive issue and such issues should not be spoken about without complete know-how. So i will answer this in a general notion with regards to what Islam has to say on this generally speaking
The Messenger of Allah (sallalahu `alayhi wa sallam) said :
“There are four who will present their case on the Day of Resurrection: a deaf man who never heard anything, an insane man, a very old and senile man, and a man who died during the Fatrah. As for the deaf man, he will say: “O Lord, Islaam came but I never heard anything.” As for the insane man, he will say: “O Lord, Islaam came and the young boys were throwing camel dung at me.” As for the senile man, he will say: “O Lord, Islaam came and I did not understand anything.” As for the one who died during the Fatrah, he will say: “O Lord, no Messenger from You came to me.” Allaah تعالى will accept their pledge of obedience to Him, then He تعالى will send word to them that they should enter the Fire. By the One in Whose Hand is the soul of Muhammad, if they enter it, it will be cool and safe for them.”
[Ref: al-Tabaraanee (2/79) with a “Saheeh” Sanad, Musnad Ahmad (16301), Ibn Hibbaan (1827) and graded as “Saheeh” by Shaikh al-Albaanee in al-Saheehah (1434). It was also graded as “Saheeh” by Ibn al-Qayyim in Tareeq al-Hijratain (1/397) and graded as “Saheeh” by Shaikh Muqbil in Saheeh al-Musnad (19)]
This hadeeth and many like them are used by scholars to explain that if a person who never received the Message of Islam due to such similar conditions which were beyond his control such as paralysis or etc then he will be given a chance in the hereafter.
It is part of the justice of Allaah that He does not punish any people until He has first sent a warning to them and unless there is evidence against them. Allaah does not treat anybody unfairly. Allaah says (interpretation of the meaning): “… And We never punish until We have sent a Messenger (to give warning).” [Qur`an al-Israa’ 17:15].
Please note that this article or answer was not given as a judgement against anyone alive or dead. We have answered the questioner's question in a general term but ONLY to help him understand better we have GENERALLY discussed IN THE LIGHT OF the example given by the questioner himself
Related articles "I did not rape Aruna Shanbaug; had a fight with her: Sohanlal Walmiki speaks about day of 'incident' "
The Indian Express. He says that there was bad blood between the two. He claims that Shanbaug would ask only him of all the ward boys to feed the dogs and clean their cages despite his fear of the canines. About the day of the incident, he says that he had asked her for leave as his mother-in-law was sick. He claims that she refused his request. He adds that Shanbaug said that if he went for leave, she would complain in writing that he did no work, stole dog food and yet went for leave. Walmiki said that he threatened to complain to her superiors about the way she allegedly treated him and that she played cards with other nurses and ward boys during duty hours. He claims that the altercation led to a scuffle where he hit her, but adds that he cannot recall the incident.
He says that he has repentance about the 'haadsa' and seeks forgiveness from Shanbaug and god. He says since the incident he has led somewhat an ascetic life, He has given up drinking, smoking bidis and non-vegetarian food. He says that his 'mistake' led to the death of his young daughter while he served time in prison.
Link: http://www.dnaindia.com/india/report-i-did-not-rape-aruna-shanbhag-had-a-fight-with-her-sohanlal-walmiki-speaks-about-day-of-incident-2090533
