Dear Sampharo, can you please provide proof for this?
Dear Eliphaz,
Proof for which part? Weakness of Western laws/ or growing misrepresentation of Islamic information/ or that a rape victim needs only one witness or proof of the forceful rape?
If you're asking about the shariah law regarding rape, then most certainly. Here is some sources on the matter:
Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:
The scholars are unanimously agreed that the rapist is to be subjected to the hadd if there is clear evidence against him that he deserves the hadd, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.
Al-Istidhkaar, 7/146
Ibn al-‘Arabi said, telling of the time when he was a judge: "Some bandits were brought before me who had gone out to attack a group of travellers. They took a woman by force from her husband and the group of Muslims who were with him, and carried her off. Then they were hunted down, caught and brought to me. I asked one of the muftis with whom Allaah tested me about them and he said that they were not muhaaribeen, because haraabah (the crime of waging war against Allaah and His Messenger) applies only with regard to wealth, not rape! I said to them: To Allaah we belong and unto Him is our return (said by Muslims at times of calamity). Do you not know that haraabah (aggression) against honour is worse than aggression against wealth? All people would agree to lose their wealth and have it confiscated from them rather than to see aggression committed against their wives or daughters. If there were any punishment more severe than that which Allaah has mentioned, it would be for those who kidnap women." [Sahih Muslim; Sahih Al-Bukhary]
Sheikh Saleh Al-Munajjid: The rapist is subject to the hadd for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd described in the verse in which Allaah says (interpretation of the meaning):
“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter”
[al-Maaidah 5:33]
So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.
Saudi Council: The majority of the Council believes that the deputies of the ruler – the judges – have the obligation to prove the type of crime and to pass judgement accordingly. If it is proven that it is a crime that constitutes war against Allaah and His Messenger (muhaarabah) and spreading mischief in the land, then they have the choice of issuing a sentence of execution, crucifixion, cutting off a hand and foot on opposite sides, or exile from the land, based on their ijtihaad and paying attention to the situation of the criminal and the circumstances of the crime, as well as its impact on society and what may best achieve the interests of Islam and the Muslims, unless the muhaarib has killed, in which case he should definitely be executed, as Ibn al-‘Arabi al-Maaliki narrated that there was consensus among the scholars on this point. Among the Hanbalis, the author of al-Insaaf said: There is no dispute on this point. End quote from a paper published by the Council of Senior Scholars under the title al-Hukm fi’l-Satw wa’l-Ikhtitaaf wa Muskiraat, p. 192-104.
As for the first two points, I think the Internet has enough statistics to show proof of those. I think actually this forum can show many examples of the second point where many muslim members have spent a lot of effort just refuting false information rather than prejudiced or confused opinion. Statistics for countries under Western laws versus those under Shariah laws can be examined here:
# 1
South Africa: 1.19538 per 1,000 people
# 2
Seychelles: 0.788294 per 1,000 people
# 3
Australia: 0.777999 per 1,000 people
# 4
Montserrat: 0.749384 per 1,000 people
# 5
Canada: 0.733089 per 1,000 people
# 6
Jamaica: 0.476608 per 1,000 people
# 7
Zimbabwe: 0.457775 per 1,000 people
# 8
Dominica: 0.34768 per 1,000 people
# 9
United States: 0.301318 per 1,000 people
# 10
Iceland: 0.246009 per 1,000 people
# 11
Papua New Guinea: 0.233544 per 1,000 people
# 12
New Zealand: 0.213383 per 1,000 people
# 13
United Kingdom: 0.142172 per 1,000 people
# 14
Spain: 0.140403 per 1,000 people
# 15
France: 0.139442 per 1,000 people.
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.
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# 62
Indonesia: 0.00567003 per 1,000 people
# 63
Yemen: 0.0038597 per 1,000 people
# 64
Azerbaijan: 0.00379171 per 1,000 people
# 65
Saudi Arabia: 0.00329321 per 1,000 people
Interesting, huh?