COTABATO CITY — In a decisive and progressive move to uphold the dignity and rights of women, the 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 Islamic Shari’ah law.
The ruling, issued on February 26, 2026, has been widely welcomed by advocates and institutions across the Bangsamoro region, with the Bangsamoro Women Commission (BWC) hailing it as a historic milestone in advancing women’s rights and reinforcing survivor-centered responses to gender-based violence.
“This is a landmark step in affirming that no woman can ever be compelled to marry her rapist,” the BWC said in a statement, expressing deep gratitude to the BDI for what it described as a courageous and principled stance. The commission emphasized that the ruling comes at a crucial time, as the region observes National Women’s Month and intensifies efforts to strengthen protections for women and girls.
Consent as the Foundation of Marriage
Central to the fatwa is the unequivocal assertion that consent is indispensable in any valid marriage under Islamic law. The BDI firmly rejected the long-standing but harmful notion that marriage could serve as a remedy in cases of rape.
“It is not permissible in Islamic Shari’ah to compel a woman to marry the man who assaulted and raped her,” the fatwa stated.
The religious body underscored that coercion, violence, or social pressure can never substitute for genuine consent. Forcing a survivor into marriage with her abuser, it warned, only compounds the injustice—inflicting a lifetime of suffering on top of the trauma already endured.
The fatwa further described such a situation as one of the most unbearable ordeals a survivor could face, effectively binding her to the very person who violated her dignity.
Upholding Justice and Compassion
In a strong reaffirmation of Islamic principles, the BDI emphasized that rape is among the gravest offenses under Shari’ah law. It stressed that Islamic teachings are rooted in the protection of honor, the preservation of human dignity, and the imposition of strict penalties on those who commit such heinous acts.
Crucially, the fatwa clarified that survivors bear no sin, liability, or punishment. Instead, they must be treated with compassion, protected from further harm, and supported in their pursuit of justice.
No Forced Marriage, Even with Compensation
The BDI also addressed the issue of financial compensation, noting that perpetrators may be required to provide restitution—such as a dowry equivalent—as acknowledgment of the harm inflicted. However, it made clear that such compensation does not create any obligation for the survivor to marry the offender.
Marriage, the BDI reiterated, is only valid when entered into freely and with the explicit consent of the woman. Even in rare instances where marriage might be considered after justice has been served, the decision must rest solely with the survivor, free from any form of coercion—even from family or guardians.
Strengthening Support Systems
The ruling also serves as a call to action for survivors of gender-based violence to seek help through established support mechanisms. These include barangay-based Violence Against Women and Children (VAWC) desks, Women and Children Protection Desks of the Philippine National Police, and local Social Welfare and Development Offices, as well as assistance from the BWC and community-based organizations.
These institutions provide essential services such as legal aid, psychosocial support, and protection interventions, ensuring that survivors are not only heard but also empowered to pursue justice and recovery.
A Defining Step Forward
The BWC underscored that the fatwa represents more than a legal or religious pronouncement—it is a powerful affirmation of women’s autonomy, dignity, and fundamental human rights.
By categorically rejecting forced marriage in cases of rape, the BDI has set a strong moral and legal precedent, reinforcing that justice must never come at the expense of a survivor’s freedom and well-being.
As the Bangsamoro region continues to advance reforms and strengthen protections for women, this landmark ruling stands as a beacon of hope—and a clear message that abuse, coercion, and injustice have no place in society or in faith.