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User29123
08-20-2011, 04:31 PM
Salam

There have been a lot of those Anti-Islam sites and Media quoting that women in Islam are punished for rape and also they need 4 men to prove it, can some explain this to me, those sites and media are probably lying so can someone explain this? Thanks
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aamirsaab
08-20-2011, 05:28 PM
1) victims are not to be punished for being raped
2) Witnesses (or evidence of some sort i.e. dna) is obviously required for the case to go to court - as in all cases of legal matters.
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ardianto
08-20-2011, 05:41 PM
:sl:

"And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient"
An-Nur : 4. Sahih International

When someone accuse a woman committed zina, he need four men witnesses to prove it, or his accusation is invalid. So, it's not true if rape victim need four witnesses to release her from punishment. And victim can't be punished.

If rape victim got punishment after someone and four witnesses accused her committed zina, it's not because sharia is injustice, but because those witnesses were lying and the judge was injustice. Islam is religion that protect women, not religion that oppress women.
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Abz2000
08-20-2011, 09:09 PM
the punishment for rape is death, so yes, witnesses are required, or now that we have other testing methods, those can be added (dna, signs of force, camera etc) and i believe those who witness these evidences can be called upon, but it all requires truthfulness on the witnesses part, or none of them can be justly upheld. eg, you can pay four false witnesses, or make fake cctv footage, or plant dna and purposefully inflict signs of force, we must bear in mind that many women who are caught in a shameful act, or become pregnant tend to blame the male of rape, especially if there is fear of being exposed as a lowlife before her family. you can find many such cases if you do a search.

A 21-year-old Derby woman has been jailed for 16 months for falsely claiming a former boyfriend raped and indecently assaulted her.
Amber Mills of Leacroft Road, Derby, pleaded guilty to two counts of perverting the course of justice.
The judge at Derby Crown Court said she had made "planned, despicable, determined and sustained attempt at revenge" on her victim.
Derbyshire police said it had spent 40 hours investigating the case.
Mills told police that a man had exposed himself to her on a Derby street in October 2010 and later raped her.
She later admitted that she was "just being evil".
..................


A young woman who ripped her clothes and gave herself a black eye to support her rape lies was yesterday jailed for three years.
Leyla Ibrahim, described as wicked by a judge, is seven months pregnant and will give birth in prison.
Her false rape claims started a £150,000 police investigation in which four students were arrested and subjected to humiliating examinations.
They were questioned for nearly three days during which time one attempted suicide. They were later victims of public abuse, and one has since left the area.
But the 22-year-old woman had invented the whole incident in order to teach her friends a lesson after they abandoned her at the end of a night out, a judge said.
The four wrongly accused - two of whom were under 16 - are still suffering as a result of the stigma caused by the false allegations, Carlisle Crown Court was told.
All were 'subject to name calling and abuse in the street' following their arrests, with one describing the ordeal as torture.
Another said he was devastated by the harrowing experience and had been unable to eat or sleep.
One suspect complained: 'We were treated like s*** and not a stint (sic) of an apology.'


3/30/2007
FORT WORTH, Texas — An indictment has been issued in a fatal shooting that allegedly stemmed from a romantic tryst — not against the angry husband who fired the gun, but against his wife, who prosecutors say falsely claimed she was being raped.
Tracy Roberson was indicted on a manslaughter count Thursday in the death of Devin LaSalle. Legal experts said the argument for charging her and not her husband was unusual, but seemed reasonable.
"It certainly is different," George E. Dix, a law professor at the University of Texas at Austin, told the Fort Worth Star-Telegram. "But the theory sounds perfectly acceptable to me."
Police said Roberson invited LaSalle to her suburban Arlington house in December with a text message that read, "Hi friend, come see me please! I need to feel your warm embrace!"
Roberson's husband, Darrell, arrived home from a card game to find his wife — clad in only a robe and underwear — with LaSalle outside in a pickup truck, prosecutors allege.
Authorities say that after Tracy Roberson told her husband she was being raped, Darrell Roberson fired four shots at LaSalle as he tried to drive away. One struck him in the head.
A Tarrant County grand jury declined Wednesday to indict Darrell Roberson, 38, on a murder charge.
Tracy Roberson, 35, faces two to 20 years in prison if convicted.


March 01, 2011

A WOMAN with a history of making false allegations of sexual abuse, who told police that her father had raped her, has been jailed.
The lying accusation nearly ruined the business career of father Phillip Marrill, Guildford Crown Court heard on Monday (February 28).
His daughter Emma, 21, from Camberley, persisted with the false allegations claiming that her father had sexually abused her from the age of 15.
It was only after six months that Emma confessed she had fabricated the allegation.
Judge Neil Stewart told her: "You have done this both previously and subsequently."
Miss Marrill, of Horshoe Crescent, Camberley, was jailed for 12 months after admitting doing an act intended to pervert the course of justice.
The judge said the sentence would have been longer but for her early plea of guilty.
Prosecutor Wendy Cottee told the court that the defendant contacted Surrey Police on June 17 2009.
"She said she had been raped by her father the previous evening at his home address," she said.
"The following day her father was arrested at his home in Staines by police and detained for interview."
The court was told that Phillip Marrill was seized at 1.30am and spend 22 hours in custody.
'Unco-operative'
Ms Cottee said that he was forced to provide intimate body samples, hand over his clothes and his home was searched.
"His wife provided an alibi for her husband saying that he had been with her at the time that the alleged rape was supposed to have taken place." she said.
But the court heard that Emma persisted with the allegations.
Ms Cottee told the court: "She said it was not the first time she had been raped.
"She said there had been several incidents since the age of 15."
The court was told that Emma claimed that she had received a phone call from her family saying that her neice and nephew would be taken into care unless she dropped the allegations against her father.
But, said Ms Cottee, police analysis of the defendant's phone records showed that the only call she had received at that time had been from her boyfriend.
Ms Cottee said that Emma became increasingly unco-operative with the police until finally on January 5 last year she told officers that she wanted to withdraw the allegations.
"She said that the rape had never happened. She was intervewed under caution and she confessed that the allegations against her father had been untrue."


and yes, you do get a lot of anti-Islam sites and even certain people of the book hide the facts about what their book says while attempting to discredit Islam for sensible viewpoints in comparison to some others found in the edited scriptures, some are sensible, but some are hard to make sense of :p.

Exodus 20:14 "You shall not commit adultery."
Deuteronomy 22:22 "If a man is found sleeping with another man's wife, both the man who slept with her and the woman must die."
Leviticus 20:10 "If a man commits adultery with another man's wife--with the wife of his neighbor--both the adulterer and the adulteress must be put to death."
Proverbs 6:32 "But a man who commits adultery lacks judgment; whoever does so destroys himself."
Leviticus 21:9 "And the daughter of any priest, if she profane herself by playing the *****, she profaneth her father: she shall be burnt with fire."
Deuteronomy 25:11-12 "If two men are fighting and the wife of one of them comes to rescue her husband from his assailant,
and she reaches out and seizes him by his private parts, you shall cut off her hand. Show her no pity."


13If any man take a wife, and go in unto her, and hate her, 14And give occasions of speech against her, and bring up an evil name upon her, and say, I took this woman, and when I came to her, I found her not a maid: 15Then shall the father of the damsel, and her mother, take and bring forth the tokens of the damsel's virginity unto the elders of the city in the gate: 16And the damsel's father shall say unto the elders, I gave my daughter unto this man to wife, and he hateth her;
17And, lo, he hath given occasions of speech against her, saying, I found not thy daughter a maid; and yet theseare the tokens of my daughter's virginity.
And they shall spread the cloth before the elders of the city. 18And the elders of that city shall take that man and chastise him;
19And they shall amerce him in an hundred shekels of silver, and give them unto the father of the damsel, because he hath brought up an evil name upon a virgin of Israel:
and she shall be his wife; he may not put her away all his days.
(what if she uses chicken blood?)
20But if this thing be true, and the tokens of virginity be not found for the damsel:
21Then they shall bring out the damsel to the door of her father's house,
and the men of her city shall stone her with stones that she die: because she hath wrought folly in Israel, to play the ***** in her father's house:
so shalt thou put evil away from among you.
Does a broken hymen mean that a girl is no longer a virgin?

Many people believe that a girl is only a virgin if she still has an intact hymen. The hymen is a thin membrane of skin that partially covers the entrance to the vagina. This membrane can bleed when it is torn as a man’s penis enters the vagina.
Neither the presence of the hymen nor bleeding during intercourse can truly indicate virginity. Some girls are born without hymens, others will have hymens that stretch and don’t break during sex, and some will have torn their hymens during sport, inserting tampons or masturbation.


again - some of it makes a lot of sense.

22
If a man be found lying with a woman married to an husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shalt thou put away evil from Israel.
23If a damsel that is a virgin be betrothed unto an husband, and a man find her in the city, and lie with her;
24Then ye shall bring them both out unto the gate of that city, and ye shall stone them with stones that they die;

the damsel, because she cried not, being in the city;

and the man, because he hath humbled his neighbour's wife: so thou shalt put away evil from among you.


25But if a man find a betrothed damsel in the field, and the man force her, and lie with her: then the man only that lay with her shall die: 26But unto the damsel thou shalt do nothing; there is in the damsel no sin worthy of death: for as when a man riseth against his neighbour, and slayeth him, even so is this matter: 27For he found her in the field, and the betrothed damsel cried, and there wasnone to save her.
28If a man find a damsel that is a virgin, which is not betrothed, and lay hold on her, and lie with her, and they be found; 29Then the man that lay with her shall give unto the damsel's father fifty shekelsof silver, and she shall be his wife; because he hath humbled her, he may not put her away all his days.
30A man shall not take his father's wife, nor discover his father's skirt.


this does not make any sense - it is however - not from the torah, but from the talmud:

The Talmud limits the use of the death penalty to Jewish criminals who:
  • (A) while about to do the crime were warned not to commit the crime while in the presence of two witnesses (and only individuals who meet a strict list of standards are considered acceptable witnesses); and
  • (B) having been warned, committed the crime in front of the same two witnesses
now ask yourself - how often do you get people beginning an act consciously in front of two witnesses - and who are telling them not to?

the Quran requires that four witnesses catch them in the act - or that an admission of guilt is made by the accused:

here are the verses:

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

1. A sura which We have sent down and which We have ordained in it have We sent down Clear Signs, in order that ye may receive admonition.
2. The woman and the man guilty of adultery or fornication,- flog each of them with a hundred stripes: Let not compassion move you in their case, in a matter prescribed by Allah, if ye believe in Allah and the Last Day: and let a party of the Believers witness their punishment.
3. Let no man guilty of adultery or fornication marry and but a woman similarly guilty, or an Unbeliever: nor let any but such a man or an Unbeliever marry such a woman: to the Believers such a thing is forbidden.
4. And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-
5. Unless they repent thereafter and mend (their conduct); for Allah is Oft- Forgiving, Most Merciful.
6. And for those who launch a charge against their spouses, and have (in support) no evidence but their own,- their solitary evidence (can be received) if they bear witness four times (with an oath) by Allah that they are solemnly telling the truth;
7. And the fifth (oath) (should be) that they solemnly invoke the curse of Allah on themselves if they tell a lie.
8. But it would avert the punishment from the wife, if she bears witness four times (with an oath) By Allah, that (her husband) is telling a lie;
9. And the fifth (oath) should be that she solemnly invokes the wrath of Allah on herself if (her accuser) is telling the truth.
10. If it were not for Allah.s grace and mercy on you, and that Allah is Oft- Returning, full of Wisdom,- (Ye would be ruined indeed).
11. Those who brought forward the lie are a body among yourselves: think it not to be an evil to you; On the contrary it is good for you: to every man among them (will come the punishment) of the sin that he earned, and to him who took on himself the lead among them, will be a penalty grievous.
12. Why did not the believers - men and women - when ye heard of the affair,- put the best construction on it in their own minds and say, "This (charge) is an obvious lie" ?
13. Why did they not bring four witnesses to prove it? When they have not brought the witnesses, such men, in the sight of Allah, (stand forth) themselves as liars!
14. Were it not for the grace and mercy of Allah on you, in this world and the Hereafter, a grievous penalty would have seized you in that ye rushed glibly into this affair.
15. Behold, ye received it on your tongues, and said out of your mouths things of which ye had no knowledge; and ye thought it to be a light matter, while it was most serious in the sight of Allah.
16. And why did ye not, when ye heard it, say? - "It is not right of us to speak of this: Glory to Allah. this is a most serious slander!"
17. Allah doth admonish you, that ye may never repeat such (conduct), if ye are (true) Believers.
18. And Allah makes the Signs plain to you: for Allah is full of knowledge and wisdom.
19. Those who love (to see) scandal published broadcast among the Believers, will have a grievous Penalty in this life and in the Hereafter: Allah knows, and ye know not.
20. Were it not for the grace and mercy of Allah on you, and that Allah is full of kindness and mercy, (ye would be ruined indeed).
21. O ye who believe! follow not Satan's footsteps: if any will follow the footsteps of Satan, he will (but) command what is shameful and wrong: and were it not for the grace and mercy of Allah on you, not one of you would ever have been pure: but Allah doth purify whom He pleases: and Allah is One Who hears and knows (all things).
22. Let not those among you who are endued with grace and amplitude of means resolve by oath against helping their kinsmen, those in want, and those who have left their homes in Allah.s cause: let them forgive and overlook, do you not wish that Allah should forgive you? For Allah is Oft-Forgiving, Most Merciful.
23. Those who slander chaste women, indiscreet but believing, are cursed in this life and in the Hereafter: for them is a grievous Penalty,-
24. On the Day when their tongues, their hands, and their feet will bear witness against them as to their actions.
25. On that Day Allah will pay them back (all) their just dues, and they will realise that Allah is the (very) Truth, that makes all things manifest.
26. Women impure are for men impure, and men impure for women impure and women of purity are for men of purity, and men of purity are for women of purity: these are not affected by what people say: for them there is forgiveness, and a provision honourable.
27. O ye who believe! enter not houses other than your own, until ye have asked permission and saluted those in them: that is best for you, in order that ye may heed (what is seemly).
28. If ye find no one in the house, enter not until permission is given to you: if ye are asked to go back, go back: that makes for greater purity for yourselves: and Allah knows well all that ye do.
29. It is no fault on your part to enter houses not used for living in, which serve some (other) use for you: And Allah has knowledge of what ye reveal and what ye conceal.
30. Say to the believing men that they should lower their gaze and guard their modesty: that will make for greater purity for them: And Allah is well acquainted with all that they do.
31. And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and ornaments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers, their husband's fathers, their sons, their husbands' sons, their brothers or their brothers' sons, or their sisters' sons, or their women, or the slaves whom their right hands possess, or male servants free of physical needs, or small children who have no sense of the shame of sex; and that they should not strike their feet in order to draw attention to their hidden ornaments. And O ye Believers! turn ye all together towards Allah, that ye may attain Bliss.
32. Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and he knoweth all things.
33. Let those who find not the wherewithal for marriage keep themselves chaste, until Allah gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed if ye know any good in them: yea, give them something yourselves out of the means which Allah has given to you. But force not your maids to prostitution when they desire chastity, in order that ye may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is Allah, Oft-Forgiving, Most Merciful (to them),
34. We have already sent down to you verses making things clear, an illustration from (the story of) people who passed away before you, and an admonition for those who fear ((Allah)).

What makes more sense?
that those who are clearly proven to have committed such a crime are punished,
and those who are not proven are allowed to be set free
- and if they are guilty, will be seen to by Almighty God on the Day of Judgement,
or that an innocent person is killed for a crime which he did not commit, simply because of false accusations of an evil person?


the ones who attack islam are actually the ones condoning this kind of atrocity, and leaving it in the presence of admission.









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Abz2000
08-20-2011, 09:09 PM
oops - double post
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Salahudeen
08-20-2011, 09:12 PM
Just wondering, how were such cases handled in the past when there was no DNA due to it not being developed, say 200 years ago, and no witnesses. If a woman had accused someone and there was no witnesses how would the claim be verified if she was telling the truth or not.
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Perseveranze
08-20-2011, 09:14 PM
Anti-Islam sites and media... 2 things you don't get your Islamic info from.
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جوري
08-20-2011, 10:30 PM
What I notice about westerners in general (those of them who enjoy the attack) by deflecting & projecting all the unacceptable things they find in their own religion & societies .. When you create enough miasma no one is going to ask you all the tough need to be asked questions about your own convictions..

:w:
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Mister Agenda
08-23-2011, 07:25 PM
I wonder, if a doctor testifies that her medical examination indicates a woman was raped, and a forensic expert determines, from DNA evidence say, that it was a particular man who did it, if they would count as two of the required witnesses; even though they were not present when the rape happened? Would it make a difference if the doctor was a woman?
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جوري
08-23-2011, 09:22 PM
alot of rape victims don't come forth and worst yet many don't even go through the rape kit/counseling etc which I think is a must to get at least prophylaxis against common STD's..but any jaded lawyer can call the rape consensual rough sex.. there's not much to prove otherwise and then they bring the victim' promiscuous history to the table for the jurors to rape her in their own way etc. So you can imagine why many wouldn't go through with it. The 'Rape kit' itself is a humiliating process which involves cavity combing, pix, police and everyone and their mother being there to witness.. This is the west mind you so I'd focus on correcting all those problems before having websites on how much worst it is in the so-called 'Muslim world'
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Salahudeen
08-23-2011, 10:27 PM
^The recent case about that rich banker comes to mind, I feel sorry for the woman as she's been made to look like a liar, and the banker is wanted in other countries for allegations against him that he sexually attacked other women. :hmm:
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yas2010
08-23-2011, 10:32 PM
Yes, the case of Mr DSK.
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Asiyah3
08-24-2011, 10:17 PM
:sl:

Some threads I found discussing this. Please see the following threads:

http://www.islamicboard.com/worship-...ape-islam.html
http://www.islamicboard.com/worship-...tml#post130000
http://www.islamicboard.com/worship-...tml#post130001

Also:
http://www.islamicboard.com/world-af...r-deeds-3.html

http://www.islamicboard.com/miscella...torture-4.html

http://www.islamicboard.com/advice-s...ml#post1171432
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Perseveranze
08-24-2011, 10:45 PM
format_quote Originally Posted by Mister Agenda
I wonder, if a doctor testifies that her medical examination indicates a woman was raped, and a forensic expert determines, from DNA evidence say, that it was a particular man who did it, if they would count as two of the required witnesses; even though they were not present when the rape happened? Would it make a difference if the doctor was a woman?
From my understanding, the person responsible would still be persecuted and pressed charges against (due to evidence). However, by not having the 4 witnesses, it maybe that the person escapes the "death" penalty.

I am not 100% sure though, someone needs to confirm.

Edit: here's what a brother in another forum said, I believe he is right -

format_quote Originally Posted by Ehtesaab
Wa alaikumus salam,

Four witnesses are a prerequisite for the 'hadd' (capital punishment). It does not mean that failing to fulfil the conditions for 'hadd' will result in no punishment at all.
In such cases, the judge can very well rely on circumstantial evidences (medical report, less than four witnesses,...) to inflict what is called a 'ta'zeeri' punishment (e.g. imprisonment, fine, ban,... any or all of them, depending on the gravity of the situation, local legislation,...).
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Ansariyah
08-24-2011, 10:45 PM
Talking about rape strauss-kahn just as he was set free from rape allegations, a new woman popped up claiming he raped her. I hope he gets what he deserved, always had a funny feeling about that arrogant looking man.:muddlehea
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Salahudeen
08-25-2011, 08:22 AM
format_quote Originally Posted by Yanoorah
Talking about rape strauss-kahn just as he was set free from rape allegations, a new woman popped up claiming he raped her. I hope he gets what he deserved, always had a funny feeling about that arrogant looking man.:muddlehea
I doubt it, people who are filthy rich don't taste justice, alhamdulilah we have a day of judgement where criminals will get what they deserve. No use will their money be.
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Rhubarb Tart
08-25-2011, 05:37 PM
What this about witnesses?
Are you are telling me witnesses are required for rape? No witnesses are required!
Honestly, WHO would stand there and watch someone gets RAPED? WHO on earth would do that?
What RAPIST would rape their victim in front of witness that can testify against him/her?
I remember someone posted a fatwa and it clearly said witnesses are not required! The woman or man or child’s word is enough for the case to be investigated by the judge...
Plus: strangers are the least people to worry about. Rape often occurs at home when no one is present by someone (brother, father, husband, in laws, uncle etc) the victim knows.
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Rhubarb Tart
08-25-2011, 05:39 PM
EDIT:double post
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Rhubarb Tart
08-25-2011, 05:40 PM

EVIDENCE TO SAY NO WITNESSES IS REQUIRED!


Does Islam require four witnesses for rape?
Published on: Saturday 09 Dec, 2006

By: administrator

Mohd Elfie Nieshaem Juferi
Does Islam really require four witness for rape victims? This is a common argument used by those who usually attempt to make a false analogy with adultery by inferring from the following Qur’anic injunction:

“And those who accuse chaste women [of adultery] and then do not produce four witnesses — lash them with eighty lashes and do not accept from them testimony ever after. And those are the defiantly disobedient. Except for those who repent thereafter and reform, for indeed Allaah is Forgiving and Merciful.”1
That this myth was repeated by none other than the former Malaysian Prime Minister Tun Dr. Mahathir at an UMNO General Assembly meeting had greatly contributed to the misconception that Islam requires four witnesses for rape:

If four witnesses were to merely watch a woman being raped and not attempt to help her, would they not be regarded as having sinned (for allowing a woman to be raped) and are not be fit to be witnesses?” he said. Under Pas’ hudud also, rape victims would in turn become the accused in the event that she could not make the four witnesses available.
Unfortunately for such people, this fallacy of equivocation has no basis in Islamic jurisdictions and the punishment for rape (which is defined as forced sexual intercourse) is certainly not equivalent to the punishment of adultery. Insha’allah, in what follows we aim to deal with this issue once and for all by breaking it down into several points so as to enable easy understanding.

The claim that rape victims require four witnesses to seek justice for their case is untrue and a false lie propagated by those who either do not have any knowledge in Islamic law or want to “prove” a so-called weakness in the hadd laws. Circumstantial evidence is sufficient and the judge can invoke his judgment based upon takzir (his own discretion).

If a person makes an allegation of adultery against another person (male or female), only then he or she must produce four witnesses to support such an allegation: “And those who accuse chaste women [of adultery] and then do not produce four witnesses….”2; otherwise, he or she is guilty of slandering, which is a grave offense in Islam.


To insist that the raped victim must provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public.

This is based on what the Prophet Muhammad (P) had once said:

“The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”
Further, the Prophet (P) was reported to have said that:

“Allah (T) has pardoned my people for the acts they do by mistake, due to forgetfulness and what they are coerced into doing.”3
An event concerning rape had in fact led towards the Prophet Muhammad (P) punishing a rapist without demanding or even hinting for four witnesses:

“Narrated Wa’il ibn Hujr: “When a woman went out in the time of the Prophet (P) for prayer, a man attacked her and overpowered [raped] her. She shouted and he went off, and when a man came by, she said: That [man] did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Apostle of Allah (P).

When he [the Prophet] was about to pass sentence, the man who [actually] had assaulted her stood up and said: Apostle of Allah, I am the man who did it to her.

He [the Prophet] said to her: Go away, for Allah has forgiven you. But he told the man some good words [Abu Dawud said: "meaning the man who was seized"], and of the man who had had intercourse with her, he said: “Stone him to death.“4
It should also be noted that it was related by Ibn Abi Shaybah through Târiq b. Shahab that a woman accused with adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman.5

Based on the above sayings of the Prophet (P) and the events associated with it, the jurist Ibn Qudamah had stated as follows in his book al-Mughnî:

“If a woman becomes pregnant without having a husband or a master, she may not be punished and, in stead, she should be asked about it, if she claimed that she was coerced into it or that she committed adultery under dubious circumstances, or if she simply does not confess adultery then she will not be punished. This is the saying of Abu Hanîfah and al-Shâfi`î, because she may be pregnant as a result of a forceful intercourse or dubious circumstances. Punishment will be abandoned in case suspicion exists. It is well known that a woman could become pregnant without committing the real intercourse. The woman may become pregnant if sperm is manually inserted into her vagina. This would explain how a virgin becomes pregnant.”
We can now see that a testimony of the raped woman suffices in exonerating her from adultery and that Islam recognises the crime of rape and that a raped woman will not be punished for such a crime that was inflicted upon her.

So what really is the punishment for rape?

According to the majority opinion of Muslim scholars, rape is considered as hirabah (highway robbery or terrorism) and hence rapists are to be punished according to the hirabah laws, as highlighted in the Qur’an. This of course is as opposed to what the Bible teaches about the punishment for rape. For example, we read that:

“If a man is caught in the act of raping a young woman who is not engaged, he must pay fifty pieces of silver to her father. Then he must marry the young woman because he violated her, and he will never be allowed to divorce her.”6
What kind of lunatic would make a rape victim marry her attacker? Is there any justice in forcing the raped woman to marry her rapist and bound her to him for the rest of his life? Further we also read another example that the Bible teaches that the rape victim should be punished with death:

“If within the city a man comes upon a maiden who is betrothed, and has relations with her, you shall bring them both out of the gate of the city and there stone them to death: the girl because she did not cry out for help though she was in the city, and the man because he violated his neighbor’s wife.”7
This injunction of course leaves little to the imagination. We will leave the reader to form their own conclusions. We hope that the above explanation that was given had made it clear that in Islam, rape victims are not required to “bring four witnesses” as alleged and that Judeo-Christianity has a much harsher law for rape when compared to Islam. Further reading on the issue can be found in the article, Are Raped Women Asked to Bring Four Witnesses?

And only God knows best!

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1.Quran 24: 2-5 [back]
2.ibid. [back]
3.Related by Ibn Mâjah, approved by al-Nawawî, Ibn Hajr and al-Albânî. [back]
4.Sunan Abu Dawud, Book 38, #4366 [back]
5.The narration was approved by al-Albâni. [back]
6.Deuteronomy 22:28-29 [back]
7.Deuteronomy 22:23-24 [back][/HTML]

http://www.bismikaallahuma.org/archi...sses-for-rape/
Reply

Rhubarb Tart
08-25-2011, 05:46 PM
Edit:Double post
Reply

ardianto
08-25-2011, 06:11 PM
The last, and might be only, stoning to death punishment in Indonesia was happened in early of 2001 in Ambon during Muslims-Christians conflict.

One fighter from Laskar Jihad mujahidin group raped a 13 years old girl. The victim reported it to Laskar Jihad leader. The leader, ustadz Ja'far Umar talib interrogated the rapist and got a confession. So, he ordered his men to punish the rapist with stoning to death punishment. Witnesses were not required because the rapist's confession was enough. And there was no punishment for the victim because she was innocent.

Indonesian govt arrested ustadz Ja'far for this case, but released him several months later.

FYI : Laskar Jihad was a conservative Salafis group that established by students of Dammaj Darul Hadith, Yemen.
Reply

'Abd Al-Maajid
08-28-2011, 05:27 AM
One question, perhaps off-topic.
So it takes 4 witnesses to declare and the person being accountable for the crime that a he/she has committed (adultery), right?
Consider a hypothetical situation, a couple of people accuse a girl of committing adultery? These 2 persons don't bring witnesses however they claim that they had committed adultery with the girl. The girl would obviously deny this accusations. What is the ruling now...?
Reply

Abz2000
08-28-2011, 06:08 AM
the two get stoned to death, shotgun Pellets are sufficient :D , and the one unproven goes free, since they've categorically admitted to a capital crime, unless it's provable nonsense (like they say the raped and killed her and she's standing in the dock next to them), however if the girl says she's innocent and you can't prove it, you can't do much, or..... You lash them for false witness and let them go, but make sure you lash them extra hard just in case they really did it.
Just my musings - this IS NOT a ruling as I dont have enough background on different cases as some others may have, but common sense tells me they're both good ideas.
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