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Rape And Zina Laws


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#1 hackergirll

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Posted 18 March 2017 - 09:54 PM

Hey, 
 
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?
 


#2 dot

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Posted 19 March 2017 - 07:50 AM

Rape is done forcefully, against the will of the victim, under threat, using a weapon or under abduction. That is why it is more than zina, it is considered haraabah (banditry or terrorising the people) :


If rape is committed using the threat of a weapon or if the woman is abducted forcefully from her home, then it becomes a case of haraabah (banditry or terrorising the people), which is proven with two witnesses only. The punishment for it is mentioned in the verse in which Allah says (interpretation of the meaning):
“The recompense of those who wage war against Allah 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 on the 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-Maa’idah 5:33].
It should be noted that he becomes subject to this hadd punishment merely by abducting the woman forcefully, regardless of whether he has his way with her or not.
Merely by abducting her he comes under the ruling of “qaati‘ at-tareeq” (lit. bandit); if he commits zina with her (rapes her), that his crime becomes more abhorrent because he has then combined two crimes: zina and haraabah.

Source: https://islamqa.info/en/158282

To establish the evidence that haraabah has occurred it requires different type of evidence i.e. two witnesses, caught in crime, confession or other legal evidences.

If the act was done without any threat, force, weapon or abduction, then it was not a rape, it was zina, which requires 4 witnesses to prove.