Jump to content
Islamic Forum
Sign in to follow this  
alameen

4 Witnesses In Rape?

Recommended Posts

:sl:

 

I would like to share the following informative QnA that I found at sunnipath(contact admin if its a beneficial link). May Allah guide us to the right path.

 

Question

If a woman is raped, does she have to bring up 4 witnesses to get the rapist convicted? If so, what is if she gets pregnant. Will she get punishment since juridicaly she is guilty of adultery? And can modern technics be used in order to proof that she was being raped.

I read somewhere else, that she has to bring up 4 witnesses, but it seems very unlikely, since if there were 4 witnesses theese would obviously done something to help her. Can u please bring some light into this whole complicated topic.

 

Answer

Walaikum assalam wa rahmatullah,

 

I pray this finds you in the best of health and spirits.

 

This is a common myth about Islamic criminal law. Rather, the four witness requirement applies only to the prescribed hadd punishment (which in the case of a married person could be death and for the non-married, 100 lashes). [Marghinani, Hidaya] This punishment is only applied in very rare cases, as is clear, and is meant to be a social deterrent, above all.

 

As the classical and contemporary jurists (such as Mufti Taqi Usmani) have made clear, a rapist can be convicted on lesser evidence (including scientific evidence, such as DNA tests and medical reports) for discretionary punishments. These discretionary punishments are left up to the legal system to determine.

 

However, it is a myth to say that Islam would in any way condone rape, or allow a rapist to go free for this terrible crime against an innocent human being and against society.

 

And Allah alone gives success.

 

Faraz Rabbani

 

(you are not allowed to post links yet)"you can't post links until you reach 50 posts_qa.sunnipath(contact admin if its a beneficial link)/issue_view.asp?id=12121&hd=7&cate=0&t=rss&redirect=yes"]Source[/url]

 

:sl:

Share this post


Link to post
Share on other sites
PropellerAds

Assalam Alaikum

 

Jazaak Allah Khair for sharing this with us..

 

Infact, I don't know why but from so many days the same question was in my mind.. Alhumdulillah.. Allah (SWT) has cleared my view on this..

 

May Allah (SWT) bless you for sharing this with us.. ameen

Share this post


Link to post
Share on other sites

the whole '4 witnesses' deal is to protect women, not harm them. If some people accuse a woman of doing evil (zina/adultery) then they have to provide witnesses but rape is a much different issue.

 

obviously w/ zina/adultery there is a willingness to commit the act whereas w/ rape there is no willlingless for the victim.

Share this post


Link to post
Share on other sites

:sl:

 

i thought i might add that even if the rapist does get away with his/her heinous crime, in the hereafter there is no running away from Allah.

 

:sl:

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

Sign in to follow this  

×