Rape and Zina

Sabeel Shah

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So in Islamic law if someone is accused of zina (adultery or fornication) there need to be four male witnesses who can testify to seeing the act in order for the person to be punished for committing zina... But it seems that the four male witnesses ruling is specifically for proving adultery or fornication, so since rape is not in the same category as adultery or fornication, four male witnesses aren’t required to prove rape, right?
 
So in Islamic law if someone is accused of zina (adultery or fornication) there need to be four male witnesses who can testify to seeing the act in order for the person to be punished for committing zina... But it seems that the four male witnesses ruling is specifically for proving adultery or fornication, so since rape is not in the same category as adultery or fornication, four male witnesses aren’t required to prove rape, right?

:sl:

which islamic sharia law country are you living bro ?
 
So in Islamic law if someone is accused of zina (adultery or fornication) there need to be four male witnesses who can testify to seeing the act in order for the person to be punished for committing zina... But it seems that the four male witnesses ruling is specifically for proving adultery or fornication, so since rape is not in the same category as adultery or fornication, four male witnesses aren’t required to prove rape, right?

Rape is a completely different case from Zina - 4 witnesses not required.

One popular Hadith mentioning rape was narrated by Wa’il ibn Hujr:

“When a woman went out in the time of the Prophet (PBUH) 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 (swt). When he [the Prophet (PBUH)] 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 (PBUH)] said to her: ‘go away, for Allah (swt) has forgiven you [for mistakenly identifying the wrong man].’ But he told the man some good words [Abu Dawud said: meaning the man who was accidentally 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.” – 4366, SUNAN ABU-DAWUD
 
So in Islamic law if someone is accused of zina (adultery or fornication) there need to be four male witnesses who can testify to seeing the act in order for the person to be punished for committing zina... But it seems that the four male witnesses ruling is specifically for proving adultery or fornication, so since rape is not in the same category as adultery or fornication, four male witnesses aren’t required to prove rape, right?

hope there's not a victim in all of this br :Emoji29:
 

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