Is Hijaab a TORTURE !!

Also why is a nun who covers up seen as holy and following God but when a muslim women wears a hijab she as seen as oppressed and backwards? Double standards no?

I don't see a nun as double standards. Catholism does not ask it's beleivers to comply this way.

Root I dont know what "Islamic Republic" you where in, but there is not a single true one living by the full sharia.

I agree, their are no Islamic states on this planet. Their are "islamic Republics"
 
Thats another discussion, if they dont want to live by there book then it is there choice, but this is Islam many women if not most women who wear the hijab do so of there own will because they choose to follow Islam, it has been ordered by Allah (SWT) and as muslims we must follow the way of the Quran and Sunnah.

Also can a nun be a nun without covering up, her head etc, coming from a christian background i think you will have a better insight into this than me?
 
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Root whats a woman getting raped by her husband got to do with Islam?

Do you think Islam allows it?

If you haven't forgotten I am a Muslim woman and i where the Hijaab on my own accord. I reject what the West is propagating to me.

That makesme oppressed does it?
 
This reminds me of a female Iranian minister for her response on how to stop prostitution.

It excuse me!?!




Islamic Shariah will never be adopted in the West or the US. And I for one am very pleased our own laws forbid these types of laws being passed on us

The USA doesn't have capital punishment?
 
Peace Root.

Thank you for your response. I believe that it would greatly aid your deduction skills, were you to read and understand my post. No offense intended.

Because they are based on "Interpretation".
Interpretation? Once again, your ignorance. We follow the Prophet, whose example was perfect, and his rightfully guided companions. Just look at the man, Muhammad (pbuh). He brought Arabia, a country which the superpowers didnt even look at because of how low it was, to the pinnacle of power in that age. If it werent for disunity, Islam would still be the superpower. Now i ask you, if it wasnt because of the truth that he preached, why was he accepted by so many? The Arabs are a more hardy folk than the whites. They stick to their traditions and cultures. They are not people to give in to new ideas. Yet practically all of them accepted this faith, why?

So you are telling me that your laws are not based on interpretation? Do you not interpret what you think is the most moral code? What your human instincts tell you? What you conscious tells you? Do you not interpret that to form your laws? Or perhaps they are divinely inspired to you. They must be interpreted; from all people - to fulfill the peoples' each and every sensual desire. That is interpretation, not Islam.

reminds me of the paradox, "Because I ain't sayin it don't mean I ain't thinkin it.
Ho ho, so because the thought is there, it is acceptable? Why give an incentive? That is my question to you, why take the chance? Let them think, they will always think, but you should take all precautions.

Blasphemy is not a "Natural" human instinct.
An example of not understanding my words? When did i say that blasphemy was a natural human instinct?

I have yet to see an Islamic State do a better job, given recent history such as the Taliban who were not exactly a good example of an Islamic state of which their are no Islamic states, they fail. (I wonder why)!!
Whoever said that the Taliban, or any other regime for that matter, were fulfilling the laws of Islam correctly?

Can you publish the "Rape & Sexual abuse" statistics
I can, yes, but since it is you who is trying to use them to make a point, ill let you have that honour.

I was in an "Islamic Republic". I found the sexual abuse of women to be so blatantly bad that in my opinion the "West" is surely a safe haven for women. I speak of personal experience and can state that I witnessed sexual abuse of the highest order. I know Islam likes to attack the "West's" record and that is because they have the records to go by.
At the present time, there is no such thing as an Islamic Republic. Therefore, your point collapsed before it started.

Does Islam protect women, of course it don't.
Islam does protect women. Dont judge Islam by the people who claim to be following it. If you have a beautiful, brand new, perfectly working car, and a rubbish driver, and the driver crashes, where does the blame lie? The car or the driver? The driver! Why? Because he didnt use it correctly. Same with Islam.

I urge you not to take example from the majority of the Muslims, they dont know their right hands from their left.

Regards
 
Ok, this debate is getting too big for me to be able to manage. Can I break it down a little. I really object to the notion that Islam keeps the same statistics to rape and sexual harrassment. I know you said that I should look and I did and I cannot find them. (Because they don't exist)!!!!!

I found this though: Along with the names of 800 women currently in Pakistani jails that were dumb enough to cry rape when not in a Western country.

The Offence of Zina (Enforcement Of Hudood) Ordinance, 1979.
Ordinance No. VII of 1979
February 9th, 1979

An Ordinance to bring in conformity with the injunctions of Islam the law relating to the Offence of Zina.

WHEREAS it is necessary to modify the existing law relating to zina so as to bring it in conformity with the Injunctions of Islam as set out in the Holy Quran and Sunnah;

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action;

Now, THEREFORE, in pursuance of the Proclamation of the fifth day of July 1977, read with the Laws (Continuance in Force), Order, 1977 (C.M.L.A. Order No. l of 1977), and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
Chapter I
PRELIMINARY
1. Short title, extent and commencement
(1) This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.

(2) It extends to the whole of Pakistan.

(3) It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February, 1979.

2. Definitions
In this Ordinance, unless there is anything repugnant in the subject of context:
(a) "adult" means a person who has attained, being a male, the age of eighteen years or, being a female, the age of sixteen years, or has attained puberty;
(b) "hadd" means punishment ordained by the Holy Quran or Sunnah;
(c) "marriage" means marriage which is not void according to the personal law or the parties, and "married" shall be construed accordingly;
(d) "Muhsan" means (ii) a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man who, at the time she had sexual intercourse with him, was married to her and was not insane;
(i) a Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult woman who, at the time he had sexual intercourse with her, was married to him and was not insane; or
and
(e) "tazir" means any punishment other than "hadd", and all other terms and expressions not defined in this Ordinance shall have the same meaning as the Pakistan Penal Code, or the Code of Criminal Procedure, 1898.

3. Oridnance to override other Laws.
The provisions of this Ordinance shall have effect nothwithstanding anything contained in any other law for the time being in force.

4. Zina
A man and a woman are said to commit 'Zina' if they wilfully have sexual intercourse without being validly married to each other.

Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of Zina.


5. Zina liable to hadd.
(1) Zina is zina liable to hadd if-
(a) it is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be married; or
(b) it is committed by a woman who is an adult and is not insane with a man to whom she is not, and does not suspect herself to be, married.

(2) Whoever is guilty of Zina liable to hadd shall, subject to the provisions of this Ordinance, -
(a) if he or she is a muhsan, be stoned to death at a public place; or
(b) if he or she is not muhsan, be punished, at a public place; with whipping numbering one hundred stripes.

(3) No punishment under sub-section (2) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping; until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.

6. Zina bil Jabr
(1) A person is said to commit zina-bil-jabrif he or she has sexual inter-course with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:-
(a) against the will of the victim;
(b) without the consent of the victim;
(c) with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of hurt; or
(d) with the consent of the victim , when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to who the victim is or believes herself or himself to be validly married.

Explanation: Penetration is sufficient to constitute the sexual inter-course necessary to the offence of zina-bil-jabr.


(2) Zina-bil-jabr is zina-bil-jabr liable to hadd if it is committed in the committed in the circumstances specified in sub-section (1) of section 5.

(3) Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance, -
(a) if he or she is a muhsan, be stoned to death at a public place; or
(b) if he or she is not muhsan, be punished with whipping numbering one hundred stripes, at a public place, and with such other punishment, including the sentence of death, as the Court may deem fit having regard to the circumstances of the case.

(4) No punishment under sub-section (3) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping until it is comfirmed and executed, the convict shal be dealt with in the same manner as if sentenced to simple imprisonment.

7. Punishment for Zina or zina-bil-jabr where convit is not an adult.
A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished wiht imprisonment of either description for a term whic may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes:

Provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment.


8. Proof of zina or zina-bil-jabr liable to hadd.
Proof of zina-bil-jabr liable to hadd shall be in one of the following forms, namely:-
(a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or
(b) at least four Muslim adult male witnesses, about whom the Court is satisfied, having regard to the requirements of tazkiyah al-shuhood, that they are truthful persons and abstain from major sins (kabair), give evidence as eye-widnesses of the act of penetration necessary to the offence:


Provided that, if the accused is a non-Muslim, the eye-witnesses may be non-Muslims.


9. Case in which hadd shall not be enforced
(1) In a case in which the offence of zina or zina-bil-jabr is proved only by the confession of the convict, hadd, or such part of it as is yet to be enforced, shall not be enforced if the convict retracts his confession before the hadd or such part is enforced.

(2) In a case in which the offence of zina or zina-bil-jabr is proved only by testimony, hadd or such part of it as is yet to be enforced, shall not be enforced if any witness resiles from his testimony before hadd or such part is enforced, so as to reduce the number of eye-witnesses to less than four.

(3) In the case mentioned in sub-section (1), the Court may order retrial.

(4) In the case mentioned in sub-section (2), the Court may award tazir on the basis of the evidence on record.

10. Zina or zina-bil-jabr liable to tazir.
(1) Subject to the provisions of section 7, whoever commits zina or zina-bil-jabr which is not liable to hadd, or for which proof in either of the forms mentioned in section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complainant, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir.

(2) Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which [Click here for amendment]may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine.

(3) Whoever commits zina-bil-jabr liable to tazir shall be punished with imprisonment for a term which [Click here for amendment]shall not be less than four years nor more than twenty-five years and shall also be awarded the punishment of whipping numbering thirty stripes.

(4) When zina-bil-jabr liable to tazir is committed by two or more persons in furtherance of common intention of all each of such persons shall be punished with death.

11. Kidnapping, abducitng or inducing women to compel for marriage etc.
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit inter-course, or knowing it to be likely that she will be forced or seduced to illicit inter-course, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit inter-course with another person shall also be punishable as aforesaid.

12. Kidnapping or abducting in order to subject person to unnatural lust.
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural list of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty-five years, and shall also be liable to fine, and, if the punishment be one of imprisonment, shal also be awarded the punishment of whipping not exceeding thirty stripes.

13. Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.

Explanations:
(a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
(b) For the purposes of this section and section 14 "illicit intercourse" means sexual inter-course between persons not united by marriage.


14. Buying a person for purposes of prostitution, etc.
Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.

Explanation: Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains posession of a female shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.


15. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to twenty-five years and with whipping not exceeding thirty stripes, and shall also be liable to fine.

16. Enticing or taking away or detaining with criminal intent a woman
Whoever takes or entices away any woman with intent that she may have illicit inter-course with any person, or conceals or detains with intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.

17. Mode of execution of punishment of stoning to death
The punishment of stoning to death awarded under section 5 or section 6 shall be executed in the following manner, namely :-

Such of the witnesses who deposed against the convict as may be available shall start stoning him and, while stoning is being carried on, he may be shot dead, whereupon stoning and shooting shall be stopped.


18. Punishment for attempting to commit an offence
Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed, and in such atttempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all, the punishments.

19. Application of certain provisions of Pakistan Penal Code, and amendment.
(1) Unless otherwise expressly provided in this Ordinance, the provisions of sections 34 to 38 of Chapter II, sections 63 to 72 of Chapter III and Chapters V and VA or the Pakistan Penal Code shall apply, mutatis mutandis, in respect of offences under this Ordinance.

(2) Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir.

(3) In the Pakistan Penal Code, -
(a) section 366, section 372, section 373, section 375 and section 376 of Chapter XVI and section 493, section 497 of Chapter XX shall stand repealed; and
(b) in section 367, the words and comma "or to the unnatural lust of any person," shall be omitted.

20. Application of Code of Criminal Procedure 1898 and amendment
(1) The provisions of the Code of Criminal Procedure, 1898, hereafter in this section referred to as the Code, shall apply, mutatis mutandis in respect of cases under this Ordinance:

Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefor, be convicted and punished for that offence[Click here for amendment]. :

Provided further that an offence punishable under this Ordinance shall be triable by a Court of Session and not by a Magistrate authorised under section 30 of the said Code and an appeal from an order the Court of Session shall lie to the Federal Shariat Court:

Provided further that a trial by a Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed.


(2) The provision of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandis, to confirmation of sentences under this Ordinance.

(3) The provisions of section 198, section 199, section 199A or section 199B of the Code shall not apply to the cognizance of an offence punishable under section 15 or section 16 of this Ordinance.

(4) The provision of sub-section (3) of section 391 or section 393 of the Code shall not apploy in respece of the punishment of whipping awarded under this Ordinance.

(5) The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under section 5 or section 6 of this Ordinance.

(6) In the Code, section 561 shall stand repealed.

21. Presiding Officer of Court to be Muslim.
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim:

Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim.


22. Saving
Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement.

Moving to your question. Yes, sister, raped women are not punished in Islam. What punishment?! This is like saying that a person robbed of his property should be punished. Actually, this notion belongs to places where the law of the jungle is in operation.

It’s a fact that, to be absolved from guilt, the raped woman must have shown some sort of good conduct,
in the sense that what befell her must be something beyond her control. This is where Islam excels. In dealing with a certain issue or addressing a certain problem, it brings forth a comprehensive panacea that uproots the problem and eliminates its causes. Rather than stipulating a temporary measure that will act as sedatives, Islam gets down to the root of the problem itself with the aim of uprooting entirely. It sets noble codes of conduct that should prevail in the society; it addresses women to maintain their modesty, as not to open the door for evils:

I still don't see how the mans "Guilt" is proven if not by 4 Muslim men who witnesses the "penetration"

How can the notion of "Rape" in the West v "Rape" in Islam be comparible for obviously they are not.

Regards

Root
 
:sl:

root who said muslims were perfect?

unfortunately..there are some who put culture and arrogance in place of islam

but this is about hijab :D
 
:sl:

Yes, you're right. Islam is perfect but unfortunately most of it's followers are nowhere near. :(

Has the topic strayed away from hijaab then?
brother-1.gif


:w:
 
I don't think it is off-Topic. Since, if the "Rapist" be it Husband, friend or complete stranger. (and statistically you are at a far greater risk of rape from the people you actually know than a complete stranger).

before we can deal with the islamic sense of "protecting" a womens rights & freedom including being free from sexual harassment, I need to get a sense of how it is dealt with under an islamic law.
 
well then you are totally misintrepreting..so get proper evidences please. and pakistan aint a shariah ruled country either

did you know a woman can KILL a man for rape?
here goes...

A woman who is being forced to commit zinaa [unlawful sexual activity] is obliged to defend herself and should not give in even if she kills the one who wants to do that to her. This self-defence is waajib (obligatory), and she is not at fault if she kills the one who wants to force her into zinaa. Imaam Ahmad and Ibn Hibbaan reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever is killed defending his property is a shaheed (martyr), whoever is killed defending himself is a shaheed, whoever is killed defending his religion is a shaheed, and whoever is killed defending his family is a shaheed.” In the commentary on this hadeeth it says: “whoever is killed defending his family is a shaheed” refers to the one who defends the honour of his wife and female relatives.

If a man is obliged to defend his wife and fight off the one who wants to rape her – even if this leads to his own death – then this obligation applies even more to the woman herself, who must defend herself and not give in to the aggressor who wants to violate her honour, even if she is killed, because if she is killed she will also be a shaheedah, just as her husband will be a shaheed if he was killed defending her honour. Shahaadah (martyrdom, the status of shaheed) is a high status which is only achieved by the one who dies in the way of obedience to Allaah and that which He loves, which indicates that Allaah loves this kind of defence, a man’s fighting to defend his wife’s honour and a woman’s fighting to defend herself. But if she is unable to defend herself, and the evil aggressor overpowers her and rapes her by force, then she should not be subjected to any punishment (hadd or ta’zeer); rather, the punishment should be carried out on the evil aggressor.

It says in al-Mughni by Ibn Qudaamah al-Hanbali: “Concerning a woman who was pursued by a man, and she killed him to protect herself, Ahmad said: ‘If she knew that he wanted [to rape] her, and she killed him to protect herself, then she is not at fault.’ Ahmad mentioned the hadeeth which al-Zuhri reported from al-Qaasim ibn Muhammad, from ‘Ubayd ibn ‘Umayr, in which it said that a man had visitors from [the tribe of] Hudhayl, and he wanted [to rape] a woman, so she threw a rock at him and killed him. ‘Umar said, ‘By Allaah, there is no diyah for him ever’ i.e., she did not have to pay the ‘blood money’ for him. If it is permissible to defend one's money, which one can give away, then a woman defending and protecting herself and her honour which cannot be given away, is clearly more permissible than a man defending his money. If this is clear, then she is obliged to defend herself if she can, because letting someone overpower her [rape her] is haraam, and by not defending herself, she lets him overpower her.” [al-Mughni, 8/331]

And Allaah knows best. Al-Mufassal fi Ahkaam al-Mar’ah, 5/42-43.

Ibn al-Qayyim (may Allaah have mercy on him) said in al-Turuq al-Hukmiyyah, 18: “(Section) … A woman who had committed zinaa was brought to ‘Umar ibn al-Khattaab (may Allaah be pleased with him), and he asked her about it and she admitted it, so he commanded that she should be stoned. ‘Ali said: ‘Maybe she had a reason.’ So he said to her, ‘What made you do that?’ She said, ‘I had a partner who shared livestock with me; his camels had water and milk, and mine had none. I got thirsty, so I asked him to give me something to drink, but he refused unless I let him have his way with me. I refused three times, but I was so thirsty that I thought I was going to die, so I gave him what he wanted, and he gave me something to drink.’ ‘Ali said: ‘Allaahu akbar! “… But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly Allah is Oft-Forgiving, Most Merciful.” [al-Baqarah 2:173 – interpretation of the meaning].’”

In Sunan al-Bayhaqi it says: “From Abu ‘Abd al-Rahmaan al-Sulami, who said: ‘A woman was brought to ‘Umar who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. [‘Umar] consulted with the people as to whether he should have her stoned. ‘Ali said, ‘She was forced to do it. I think you should let her go.’ So he did so. I say: this is what should be done. If a woman is in desperate need of food and drink from a man, which he will not give her unless she lets him have his way with her, and she is scared that she will die without them, so she lets him have his way with her, then she is not to be punished. If it were asked, is it permissible for her in this situation to let him have his way with her, or does she have to suffer [her hunger and thirst] with patience, even if she dies? The answer is that her case is like that of a woman who is forced to commit zinaa, to whom it is said, ‘Either you let me have my way with you, or I will kill you.’ The woman who is forced to do this should not be punished; she can save herself from being killed in this manner, but if she bears it (i.e., being killed) with sabr (patience), this is better for her. (But she does not have to put up with with being killed). And Allaah knows best.”
Sheikh muhammed Saleh munajid, islamqa.com
 
did you know a woman can KILL a man for rape?

I think the world is full enough already with vigilantise.

well then you are totally misintrepreting..so get proper evidences please. and pakistan aint a shariah ruled country either

HHmmm, an Islamic Republic being rejected, this can only mean that a "shariah" ruled country would be classed as an Islmic state. is this correct, if it is how does "Shariah" law differ to Pakistan law to rape in it's necessity of proof against an "alleged rapist", and would the accused be brought to justice for rape.

Regards

Root
 
DNA evidence. Whatever solidifes the deal.

This is very different from zinaa where 4 witnesses are needed because that prevents it from becoming a societal issue. If there were 4 witnesses it is proof that the issue was not kept private but was spread into society, and then it must be punished.

Rape is different because it is a personal crime against a person. Therefore it is dealt with as any crime should be, and that includes collection of evidence and a fair hearing before convicting the accused.

:w:
 
Its not an issue of vigilante justice, its an issue of inalienable rights.

Ok. I understand that, but how do you know if someone was killed because of an attempted rape or murdered out of cold blood. It does look like a rarther grey area.

DNA evidence. Whatever solidifes the deal.

This is very different from zinaa where 4 witnesses are needed because that prevents it from becoming a societal issue.

Please explain. I am not entirely sure I understand that.

If there were 4 witnesses it is proof that the issue was not kept private

What do you mean the issue was not kept quite. 4 Muslim witnesses who witnessed "penetration", unless someone is gang raped and they all confess what do you mean?

but was spread into society, and then it must be punished.
Again I am lost here.
 
root..here are ayahs from the Holy Quran on this..

The fornicatress and the fornicator, flog each of them with a hundred stripes. Let not pity withhold you in their case, in a punishment prescribed by Allâh, if you believe in Allâh and the Last Day. And let a party of the believers witness their punishment. (This punishment is for unmarried persons guilty of the above crime, but if married persons commit it (illegal sex), the punishment is to stone them to death, according to Allâh’s Law). (24/2)

Narrated Abu Hurairah رضي الله عنه: Allâh’s Messenger صلى الله عليه وسلم judged that the unmarried person who was guilty of illegal sexual intercourse be exiled for one year and receive the legal punishment (i.e., be flogged with one hundred stripes). (Sahih Al-Bukhâri, Vol.8, Hadith No. 819)

Narrated Jâbir bin ‘Abdullâh Al-Ansâri رضي الله عنهما: A man from the tribe of Bani Aslam came to Allâh’s Messenger صلى الله عليه وسلم and informed him that he had committed illegal sexual intercourse and he bore witness four times against himself. Allâh’s Messenger صلى الله عليه وسلم ordered him to be stoned to death as he was a married person. (Sahih Al Bukhari, Vol.8, Hadith No.805).



And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Fâsiqûn (liars, rebellious, disobedient to Allâh).
(24/4)


And for those who accuse their wives, but have no witnesses except themselves, let the testimony of one of them be four testimonies (i.e. testifies four times) by Allâh that he is one of those who speak the truth.

And the fifth (testimony should be) the invoking of the Curse of Allâh on him if he be of those who tell a lie (against her).

But it shall avert the punishment (of stoning to death) from her, if she bears witness four times by Allâh, that he (her husband) is telling a lie.

. And the fifth (testimony) should be that the Wrath of Allâh be upon her if he (her husband) speaks the truth.

(24/6-9)
 
Narrated Abu Hurairah رضي الله عنه: Allâh’s Messenger صلى الله عليه وسلم judged that the unmarried person who was guilty of illegal sexual intercourse be exiled for one year and receive the legal punishment (i.e., be flogged with one hundred stripes). (Sahih Al-Bukhâri, Vol.8, Hadith No. 819)

Please correct me if I am wrong but the above is relevent to "adultery" and not rape.

Narrated Jâbir bin ‘Abdullâh Al-Ansâri رضي الله عنهما: A man from the tribe of Bani Aslam came to Allâh’s Messenger صلى الله عليه وسلم and informed him that he had committed illegal sexual intercourse and he bore witness four times against himself. Allâh’s Messenger صلى الله عليه وسلم ordered him to be stoned to death as he was a married person. (Sahih Al Bukhari, Vol.8, Hadith No.805).

Again, this is adultery & not rape. Besides which the perpetrator is confessing.

How would an "Islamic State" fully implementing shaier rule law over rape? since an Islamic republic seems to be rejected by it's governing of rape allegations.

regards

Root
 
Hi Sheikh

Not at all, I am building towards it. I am out of my depth and trying to make sense of it. Too much at once blows my mental circuits so to speak. I am waiting on the results two posts up if you can help.

Regards

Root
 
Peace Root.

Unless i misunderstand your stance, you are asking regarding rape? Well, this is not a sex offense, it is a violent crime, and requires thorough investigation. It can be punishable by the death sentence, if proven. Ultimately, however, the deed is between the person and God Almighty, who will serve justice when the person meets Him.

You have to remember something. True Muslims (submitters to the will of God - install this to understand that it is not meant as an elevation) do not need punishments, nor do they need trials, nor lashes, nor anything like that. These laws are installed to protect society as a whole, to serve society, and strengthen it. Islam has been incredible lenient (if that is the correct word) on fornicators and adulterers. You must have FOUR witnesses, who actually see the penetration, to testify. Now, consider the logic. If there is a naked man on top of a naked woman, what would they be doing? It is pretty self explanatory, right? This law has been installed so that innocent would not be held liable, or even given a dirty look as punishment. The guilty shall always be guilty, and ultimately it will be God who delivers their sentence. However, Islam is there to protect the people, the sincere people, and it shows mercy and forgiveness above punishment. There isnt one case when someone asked forgiveness from the Prophet (pbuh) and he didnt grant it.

I am pleased that we are dialoguing in such an honourable and amicable way. Keep it up, my friend:).

Warm Regards
 

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