You are barking at the wrong tree.
I HAVE NEVER BELIEVED THAT ADULTERY AND RAPE ARE THE SAME CRIME.
Maybe you should pay close attention to what is being said and ask questions when something is not clear to you.
It could be that I communicated in a way you couldn't comprehend, I'm an excellent writer as you should have noticed.
Let me explained again the point I have been trying to bring up:
It has been said that it is almost impossible to convict someone of adultery (4 witnesses).
Most adultery convictions happen when women (foreigners for the most part) accuse their rapist and by doing so the Islamic Justice system assumes the victim is admitting having sex with the rapist. If the rapist denies the accusation and by virtue that his word is worth double the woman's, then the rape charge is dismissed but adultery is now the charge (if she is married).
So you see, I don't believe rape and adultery are the same but one can easily bring the other.
By the way what I depicted above has been taken from real cases readily available in the internet.
I don't know if justice was done according to correct Islamic principle or not.
I only know this keeps happening in some Islamic countries using the same kind of thinking.
I hope this clears your confusion about what I meant.
False accusation of rape is no small issue in Islam as it risks being manipulated into "execution by cop/judge" and therefore conspiracy and murder.
The Prophet :saws: did his best to get it right but it wasn't always perfect as will be demonstrated in the hadith below, and the legislation on the issue continued to develop as the state progressed.
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."
http://www.nbcnews.com/id/17874088/...wife-charged-after-husband-shoots-lover-dead/
Arlington mom who cried rape gets five years in slaying
https://www.star-telegram.com/latest-news/article3822650.html
The 19-year-old Long Island woman who filed a bogus rape complaint against two Sacred Heart University football players was sentenced Thursday to a year behind bars — and got a tongue lashing from the judge.
Nikki Yovino first told cops in October 2016 that the two players from the Fairfield, Connecticut, college forced her to have sex in a bathroom at a booze-filled party.
She later admitted that she made the charges up so her evident promiscuity wouldn’t alienate a potential boyfriend.
https://nypost.com/2018/08/23/woman-who-made-false-rape-claim-sentenced-to-prison/
We see here that an innocent man almost lost his life based on the understanding that the woman was accurate in her statement and identification, but that she was absolved of the false accusation due to the fact that it was admitted by the perpetrator that she had indeed been violated against her will, and that her initial accusation was a case of mistaken identity:
Chapter: Regarding one deserving of the punishment coming to confess
(7)
باب فِي صَاحِبِ الْحَدِّ يَجِيءُ فَيُقِرُّ
Narrated Wa'il ibn Hujr:
When a woman went out in the time of the Prophet (ﷺ) 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 Messenger of Allah (ﷺ).
When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger 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 (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death.
He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.
Abu Dawud said: Asbat bin Nasr has also transmitted it from Simak.
حَدَّثَنَا مُحَمَّدُ بْنُ يَحْيَى بْنِ فَارِسٍ، حَدَّثَنَا الْفِرْيَابِيُّ، حَدَّثَنَا إِسْرَائِيلُ، حَدَّثَنَا سِمَاكُ بْنُ حَرْبٍ، عَنْ عَلْقَمَةَ بْنِ وَائِلٍ، عَنْ أَبِيهِ، أَنَّ امْرَأَةً، خَرَجَتْ عَلَى عَهْدِ النَّبِيِّ صلى الله عليه وسلم تُرِيدُ الصَّلاَةَ فَتَلَقَّاهَا رَجُلٌ فَتَجَلَّلَهَا فَقَضَى حَاجَتَهُ مِنْهَا فَصَاحَتْ وَانْطَلَقَ فَمَرَّ عَلَيْهَا رَجُلٌ فَقَالَتْ إِنَّ ذَاكَ فَعَلَ بِي كَذَا وَكَذَا وَمَرَّتْ عِصَابَةٌ مِنَ الْمُهَاجِرِينَ فَقَالَتْ إِنَّ ذَلِكَ الرَّجُلَ فَعَلَ بِي كَذَا وَكَذَا . فَانْطَلَقُوا فَأَخَذُوا الرَّجُلَ الَّذِي ظَنَّتْ أَنَّهُ وَقَعَ عَلَيْهَا فَأَتَوْهَا بِهِ فَقَالَتْ نَعَمْ هُوَ هَذَا . فَأَتَوْا بِهِ النَّبِيَّ صلى الله عليه وسلم فَلَمَّا أَمَرَ بِهِ قَامَ صَاحِبُهَا الَّذِي وَقَعَ عَلَيْهَا فَقَالَ يَا رَسُولَ اللَّهِ أَنَا صَاحِبُهَا . فَقَالَ " اذْهَبِي فَقَدْ غَفَرَ اللَّهُ لَكِ " . وَقَالَ لِلرَّجُلِ قَوْلاً حَسَنًا . قَالَ أَبُو دَاوُدَ يَعْنِي الرَّجُلَ الْمَأْخُوذَ وَقَالَ لِلرَّجُلِ الَّذِي وَقَعَ عَلَيْهَا " ارْجُمُوهُ " . فَقَالَ " لَقَدْ تَابَ تَوْبَةً لَوْ تَابَهَا أَهْلُ الْمَدِينَةِ لَقُبِلَ مِنْهُمْ " . قَالَ أَبُو دَاوُدَ رَوَاهُ أَسْبَاطُ بْنُ نَصْرٍ أَيْضًا عَنْ سِمَاكٍ .
حسن دون قوله ارجموه والأرجح أنه لم يرجم (الألباني) حكم :
Reference : Sunan Abi Dawud 4379
In-book reference : Book 40, Hadith 29
English translation : Book 39, Hadith 4366
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https://sunnah.com/abudawud/40/29
We see here that even after the passing of the Prophet :saws: there was no certain law on the issue and that the governments were doing their best to do what was right by Allah :swt: whilst continually evaluating the specific circumstances and amending legislation.
Malik said, "The position with us about a woman who is found to be pregnant and has no husband and she says, 'I was forced,' or she says, 'I was married,' is that it is not accepted from her and the hadd is inflicted on her unless she has a clear proof of what she claims about the marriage or that she was forced or she comes bleeding if she was a virgin or she calls out for help so that someone comes to her and she is in that state or what resembles it of the situation in which the violation occurred." He said, "If she does not produce any of those, the hadd is inflicted on her and what she claims of that is not accepted from her."
Malik said, "A raped woman cannot marry until she has restored herself by three menstrual periods."
He said, "If she doubts her periods, she does not marry until she has freed herself of that doubt."
USC-MSA web (English) reference : Book 41, Hadith 16
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https://sunnah.com/urn/415900
مَعْتُوهَةُ - idiot
Idiot was formerly a legal and psychiatric category of profound intellectual disability, where a person's mental age is two years or less, and he or she cannot guard himself or herself against common physical dangers. Along with terms like moron, imbecile, and cretin, the term is now archaic and offensive,[1] and was replaced by the term profound mental retardation (which has itself since been replaced by other terms).
Nowadays, "idiot" is a derogatory term for a stupid or foolish person.
كتاب الحدود
40
Prescribed Punishments (Kitab Al-Hudud)
(16)
Chapter: If an insane person steals or commits a crime that is subject to a had
(16)
باب فِي الْمَجْنُونِ يَسْرِقُ أَوْ يُصِيبُ حَدًّا
Narrated Ali ibn AbuTalib:
AbuZubyan said: A woman who had committed adultery was brought to Umar. He gave orders that she should be stoned.
Ali passed by just then. He seized her and let her go. Umar was informed of it. He said: Ask Ali to come to me. Ali came to him and said: Commander of the Faithful, you know that the Messenger of Allah (ﷺ) said: There are three (people) whose actions are not recorded: A boy till he reaches puberty, a sleeper till he awakes, a lunatic till he is restored to reason. This is an idiot (mad) woman belonging to the family of so and so. Someone might have done this action with her when she suffered the fit of lunacy.
Umar said: I do not know. Ali said: I do not know.
حَدَّثَنَا هَنَّادٌ، عَنْ أَبِي الأَحْوَصِ، ح وَحَدَّثَنَا عُثْمَانُ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا جَرِيرٌ، - الْمَعْنَى - عَنْ عَطَاءِ بْنِ السَّائِبِ، عَنْ أَبِي ظَبْيَانَ، - قَالَ هَنَّادٌ - الْجَنْبِيِّ قَالَ أُتِيَ عُمَرُ بِامْرَأَةٍ قَدْ فَجَرَتْ فَأَمَرَ بِرَجْمِهَا فَمَرَّ عَلِيٌّ رضى الله عنه فَأَخَذَهَا فَخَلَّى سَبِيلَهَا فَأُخْبِرَ عُمَرُ قَالَ ادْعُوا لِي عَلِيًّا . فَجَاءَ عَلِيٌّ رضى الله عنه فَقَالَ يَا أَمِيرَ الْمُؤْمِنِينَ لَقَدْ عَلِمْتَ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ " رُفِعَ الْقَلَمُ عَنْ ثَلاَثَةٍ عَنِ الصَّبِيِّ حَتَّى يَبْلُغَ وَعَنِ النَّائِمِ حَتَّى يَسْتَيْقِظَ وَعَنِ الْمَعْتُوهِ حَتَّى يَبْرَأَ " . وَإِنَّ هَذِهِ مَعْتُوهَةُ بَنِي فُلاَنٍ لَعَلَّ الَّذِي أَتَاهَا أَتَاهَا وَهِيَ فِي بَلاَئِهَا . قَالَ فَقَالَ عُمَرُ لاَ أَدْرِي . فَقَالَ عَلِيٌّ عَلَيْهِ السَّلاَمُ وَأَنَا لاَ أَدْرِي .
صحيح دون قوله لعل الذي (الألباني) حكم :
Reference : Sunan Abi Dawud 4402
In-book reference : Book 40, Hadith 52
English translation : Book 39, Hadith 4388
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Limits and Punishments set by Allah (Hudood)
(37)
Chapter: The legal regulation for non-Muslims under the protection of a Muslim state
(37)
باب أَحْكَامِ أَهْلِ الذِّمَّةِ وَإِحْصَانِهِمْ إِذَا زَنَوْا وَرُفِعُوا إِلَى الإِمَامِ
Narrated Ash-Shaibani:
I asked `Abdullah bin Abi `Aufa about the Rajam (stoning somebody to death for committing illegal sexual intercourse). He replied, "The Prophet (ﷺ) carried out the penalty of Rajam," I asked, "Was that before or after the revelation of Surat-an-Nur?" He replied, "I do not know."
حَدَّثَنَا مُوسَى بْنُ إِسْمَاعِيلَ، حَدَّثَنَا عَبْدُ الْوَاحِدِ، حَدَّثَنَا الشَّيْبَانِيُّ، سَأَلْتُ عَبْدَ اللَّهِ بْنَ أَبِي أَوْفَى عَنِ الرَّجْمِ، فَقَالَ رَجَمَ النَّبِيُّ صلى الله عليه وسلم. فَقُلْتُ أَقَبْلَ النُّورِ أَمْ بَعْدَهُ قَالَ لاَ أَدْرِي. تَابَعَهُ عَلِيُّ بْنُ مُسْهِرٍ وَخَالِدُ بْنُ عَبْدِ اللَّهِ وَالْمُحَارِبِيُّ وَعَبِيدَةُ بْنُ حُمَيْدٍ عَنِ الشَّيْبَانِيِّ. وَقَالَ بَعْضُهُمُ الْمَائِدَةُ. وَالأَوَّلُ أَصَحُّ.
Reference : Sahih al-Bukhari 6840
In-book reference : Book 86, Hadith 64
USC-MSA web (English) reference : Vol. 8, Book 82, Hadith 824
(deprecated numbering scheme)
Chapter: If a woman is compelled to commit illegal sexual intercourse against her will
(6)
باب إِذَا اسْتُكْرِهَتِ الْمَرْأَةُ عَلَى الزِّنَا، فَلاَ حَدَّ عَلَيْهَا
فِي قَوْلِهِ تَعَالَى: {وَمَنْ يُكْرِهْهُنَّ فَإِنَّ اللَّهَ مِنْ بَعْدِ إِكْرَاهِهِنَّ غَفُورٌ رَحِيمٌ}.
And Safiyya bint 'Ubaid said:
"A governmental male-slave tried to seduce a slave-girl from the Khumus of the war booty till he deflowered her by force against her will; therefore 'Umar flogged him according to the law, and exiled him, but he did not flog the female slave because the male-slave had committed illegal sexual intercourse by force, against her will." Az-Zuhri said regarding a virgin slave-girl raped by a free man: The judge has to fine the adulterer as much money as is equal to the price of the female slave and the adulterer has to be flogged (according to the Islamic Law); but if the slave woman is a matron, then, according to the verdict of the Imam, the adulterer is not fined but he has to receive the legal punishment (according to the Islamic Law).
وَقَالَ اللَّيْثُ حَدَّثَنِي نَافِعٌ، أَنَّ صَفِيَّةَ ابْنَةَ أَبِي عُبَيْدٍ، أَخْبَرَتْهُ أَنَّ عَبْدًا مِنْ رَقِيقِ الإِمَارَةِ وَقَعَ عَلَى وَلِيدَةٍ مِنَ الْخُمُسِ، فَاسْتَكْرَهَهَا حَتَّى افْتَضَّهَا، فَجَلَدَهُ عُمَرُ الْحَدَّ وَنَفَاهُ، وَلَمْ يَجْلِدِ الْوَلِيدَةَ مِنْ أَجْلِ أَنَّهُ اسْتَكْرَهَهَا. قَالَ الزُّهْرِيُّ فِي الأَمَةِ الْبِكْرِ، يَفْتَرِعُهَا الْحُرُّ، يُقِيمُ ذَلِكَ الْحَكَمُ مِنَ الأَمَةِ الْعَذْرَاءِ بِقَدْرِ قِيمَتِهَا، وَيُجْلَدُ، وَلَيْسَ فِي الأَمَةِ الثَّيِّبِ فِي قَضَاءِ الأَئِمَّةِ غُرْمٌ، وَلَكِنْ عَلَيْهِ الْحَدُّ.
Reference : Sahih al-Bukhari 6949
In-book reference : Book 89, Hadith 10
USC-MSA web (English) reference : Vol. 1, Book 85, Hadith 81
(deprecated numbering scheme)
22. When Joseph attained His full manhood, We gave him hukm (wisdom, discernment, judgement) and knowledge: thus do We reward those who do right.
23. But she in whose house he was, sought to seduce him from his (true) self: she fastened the doors, and said: "Now come, thou (dear one)!" He said: "(Allah) forbid! truly (thy husband) is my lord! he made my sojourn agreeable! truly to no good come those who do wrong!"
24. And (with passion) did she desire him, and he would have desired her, but that he saw the evidence of his Lord: thus (did We order) that We might turn away from him (all) evil and shameful deeds: for he was one of Our servants, sincere and purified.
25. So they both raced each other to the door, and she tore his shirt from the back: they both found her lord near the door. She said: "What is the (fitting) punishment for one who formed an evil design against thy wife, but prison or a grievous chastisement?"
26. He said: "It was she that sought to seduce me - from my (true) self." And one of her household saw (this) and bore witness, (thus):- "If it be that his shirt is rent from the front, then is her tale true, and he is a liar!
27. "But if it be that his shirt is torn from the back, then is she the liar, and he is telling the truth!"
28. So when he saw his shirt,- that it was torn at the back,- (her husband) said: "Behold! It is a snare of you women! truly, mighty is your snare!
29. "O Joseph, pass this over! (O wife), ask forgiveness for thy sin, for truly thou hast been at fault!"
30. Ladies said in the City: "The wife of the (great) 'Aziz is seeking to seduce her slave from his (true) self: Truly hath he inspired her with violent love: we see she is evidently going astray."
31. When she heard of their malicious talk, she sent for them and prepared a banquet for them: she gave each of them a knife: and she said (to Joseph), "Come out before them." When they saw him, they did extol him, and (in their amazement) cut their hands: they said, "(Allah) preserve us! no mortal is this! this is none other than a noble angel!"
32. She said: "There before you is the man about whom ye did blame me! I did seek to seduce him from his (true) self but he did firmly save himself guiltless!....and now, if he doth not my bidding, he shall certainly be cast into prison, and (what is more) be of the company of the vilest!"
33. He said: "O my Lord! the prison is more to my liking than that to which they invite me: Unless Thou turn away their snare from me, I should (in my youthful folly) feel inclined towards them and join the ranks of the ignorant."
34. So his Lord hearkened to him (in his prayer), and turned away from him their snare: Verily He heareth and knoweth (all things).
35. Then it occurred to the men, after they had seen the signs, (that it was best) to imprison him for a time.
36. Now with him there came into the prison two young men. Said one of them: "I see myself (in a dream) pressing wine." said the other: "I see myself (in a dream) carrying bread on my head, and birds are eating, thereof." "Tell us" (they said) "The truth and meaning thereof: for we see thou art one that doth good (to all)."
37. He said: "Before any food comes (in due course) to feed either of you, I will surely reveal to you the truth and meaning of this ere it befall you: that is part of the (duty) which my Lord hath taught me. I have (I assure you) abandoned the ways of a people that believe not in Allah and that (even) deny the Hereafter.
38. "And I follow the ways of my fathers,- Abraham, Isaac, and Jacob; and never could we attribute any partners whatever to Allah. that (comes) of the grace of Allah to us and to mankind: yet most men are not grateful.
39. "O my two companions of the prison! (I ask you): are many lords differing among themselves better, or the One Allah, Supreme and Irresistible?
40. "If not Him, ye worship nothing but names which ye have named,- ye and your fathers,- for which Allah hath sent down no authority: the command is for none but Allah. He hath commanded that ye worship none but Him: that is the right religion, but most men understand not...
41. "O my two companions of the prison! As to one of you, he will pour out the wine for his lord to drink: as for the other, he will hang from the cross, and the birds will eat from off his head. (so) hath been decreed that matter whereof ye twain do enquire"...
42. And of the two, to that one whom he consider about to be saved, he said: "Mention me to thy lord." But Satan made him forget to mention him to his lord: and (Joseph) lingered in prison a few (more) years.
43. The king (of Egypt) said: "I do see (in a vision) seven fat kine, whom seven lean ones devour, and seven green ears of corn, and seven (others) withered. O ye chiefs! Expound to me my vision if it be that ye can interpret visions."
44. They said: "A confused medley of dreams: and we are not skilled in the interpretation of dreams."
45. But the man who had been released, one of the two (who had been in prison) and who now bethought him after (so long) a space of time, said: "I will tell you the truth of its interpretation: send ye me (therefore)."
46. "O Joseph!" (he said) "O man of truth! Expound to us (the dream) of seven fat kine whom seven lean ones devour, and of seven green ears of corn and (seven) others withered: that I may return to the people, and that they may understand."
47. (Joseph) said: "For seven years shall ye diligently sow as is your wont: and the harvests that ye reap, ye shall leave them in the ear,- except a little, of which ye shall eat.
48. "Then will come after that (period) seven dreadful (years), which will devour what ye shall have laid by in advance for them,- (all) except a little which ye shall have (specially) guarded.
49. "Then will come after that (period) a year in which the people will have abundant water, and in which they will press (wine and oil)."
50. So the king said: "Bring ye him unto me." But when the messenger came to him, (Joseph) said: "Go thou back to thy lord, and ask him, 'What is the state of mind of the ladies who cut their hands'? For my Lord is certainly well aware of their snare."
51. (The king) said (to the ladies): "What was your affair when ye did seek to seduce Joseph from his (true) self?" The ladies said: "(Allah) preserve us! no evil know we against him!" Said the 'Aziz's wife: "Now is the truth manifest (to all): it was I who sought to seduce him from his (true) self: He is indeed of those who are (ever) true (and virtuous).
52. "This (say I), in order that He may know that I have never been false to him in his absence, and that Allah will never guide the snare of the false ones.
53. "Nor do I absolve my own self (of blame): the (human) soul is certainly prone to evil, unless my Lord do bestow His Mercy: but surely my Lord is Oft- forgiving, Most Merciful."
54. So the king said: "Bring him unto me; I will take him specially to serve about my own person." Therefore when he had spoken to him, he said: "Be assured this day, thou art, before our own presence, with rank firmly established, and fidelity fully proved!
55. (Joseph) said: "Set me over the store-houses of the land: I will indeed guard them, as one that knows (their importance)."
56. Thus did We give established power to Joseph in the land, to take possession therein as, when, or where he pleased. We bestow of our Mercy on whom We please, and We suffer not, to be lost, the reward of those who do good.
57. But verily the reward of the Hereafter is the best, for those who believe, and are constant in righteousness.
58. Then came Joseph's brethren: they entered his presence, and he knew them, but they knew him not.
From Quran, Chapter 12
14. When he reached full age, and was firmly established (in life), We bestowed on him hukm (wisdom, discernment, judgement) and knowledge: for thus do We reward those who do good.
15. And he entered the city at a time when its people were not watching: and he found there two men fighting,- one of his own religion, and the other, of his foes. Now the man of his own religion appealed to him against his foe, and Moses struck him with his fist and made an end of him. He said: "This is a work of Evil (Satan): for he is an enemy that manifestly misleads!"
16. He prayed: "O my Lord! I have indeed wronged my soul! Do Thou then forgive me!" So ((Allah)) forgave him: for He is the Oft-Forgiving, Most Merciful.
17. He said: "O my Lord! For that Thou hast bestowed Thy Grace on me, never shall I be a help to those who sin!"
18. So he saw the morning in the city, looking about, in a state of fear, when behold, the man who had, the day before, sought his help called aloud for his help (again). Moses said to him: "Thou art truly, it is clear, a quarrelsome fellow!"
19. Then, when he decided to lay hold of the man who was an enemy to both of them, that man said: "O Moses! Is it thy intention to slay me as thou slewest a man yesterday? Thy intention is none other than to become a powerful violent man in the land, and not to be one who sets things right!"
20. And there came a man, running, from the furthest end of the City. He said: "O Moses! the Chiefs are taking counsel together about thee, to slay thee: so get thee away, for I do give thee sincere advice."
21. He therefore got away therefrom, looking about, in a state of fear. He prayed "O my Lord! save me from people given to wrong-doing."
22. Then, when he turned his face towards (the land of) Madyan, he said: "I do hope that my Lord will show me the smooth and straight Path."
23. And when he arrived at the watering (place) in Madyan, he found there a group of men watering (their flocks), and besides them he found two women who were keeping back (their flocks). He said: "What is the matter with you?" They said: "We cannot water (our flocks) until the shepherds take back (their flocks): And our father is a very old man."
24. So he watered (their flocks) for them; then he turned back to the shade, and said:"O my Lord! truly am I in (desperate) need of any good that Thou dost send me!"
25. Afterwards one of the (damsels) came (back) to him, walking bashfully. She said: "My father invites thee that he may reward thee for having watered (our flocks) for us." So when he came to him and narrated the story, he said: "Fear thou not: (well) hast thou escaped from unjust people."
26. Said one of the (damsels): "O my (dear) father! engage him on wages: truly the best of men for thee to employ is the (man) who is strong and trusty"....
27. He said: "I intend to wed one of these my daughters to thee, on condition that thou serve me for eight years; but if thou complete ten years, it will be (grace) from thee. But I intend not to place thee under a difficulty: thou wilt find me, indeed, if Allah wills, one of the righteous."
28. He said: "Be that (the agreement) between me and thee: whichever of the two terms I fulfil, let there be no ill-will to me. Be Allah a witness to what we say."
From Quran, Chapter 28
