A Bangsamoro religious advisory body has declared that forced marriage in rape cases is impermissible, affirming consent as a non-negotiable requirement in marriage and reinforcing protections for women against practices that compound abuse.
The Bangsamoro Darul Ifta (BDI) issued Fatwa No. 5, Series of 2026 on Feb. 26, emphasizing that consent cannot be presumed in cases involving coercion or violence, amid continuing efforts in the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) to strengthen safeguards for women and girls.
“It is not permissible in Islamic Shari’ah to compel a woman to marry the man who assaulted and raped her,” the fatwa stated, stressing that marriage must be based on the woman’s explicit and voluntary consent.
The BDI underscored that rape is a grave offense under Islamic law, with penalties varying by circumstance—including cases involving violence, threats, or abduction—while affirming that the survivor “bears no sin, liability, or punishment” and must be protected and treated with compassion.
The ruling also rejects the notion that marriage can serve as a remedy for rape, noting that such a practice would impose “two heavy burdens” on the survivor: the trauma of the assault and the lifelong ordeal of being bound to the perpetrator.
“Rape has established rulings in Islamic Shari’ah… 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 added.
The BDI said that while perpetrators may be required to provide financial compensation, such as a dowry equivalent, this does not create any obligation for the survivor to enter into forced marriage with the offender.
“Marriage is only valid when there is explicit and full consent of the woman,” it said, adding that no guardian or authority has the right to compel a survivor into marriage.
The Bangsamoro Women Commission welcomed the issuance, calling it a “historic fatwa” that upholds the dignity of survivors and strengthens the region’s response 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.
The United Nations Children’s Fund (UNICEF) likewise described the ruling as “an important step in upholding the dignity, rights, and safety of girls and women in BARMM,” while stressing the need to prevent harm before it occurs.
“Child marriage robs [girls] of their health, education, and future,” UNICEF said, urging stronger implementation of Republic Act No. 11596 and closer coordination among government, communities, and religious leaders.
Authorities also encouraged survivors of violence to seek assistance through barangay Violence Against Women and Children desks, police Women and Children Protection Desks, and local social welfare offices, which provide legal, psychosocial, and protection services.
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