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Rape victims NOT required to bring witnesses NOR to be punished

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Zainab_M
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« on: July 28, 2008, 01:37:02 am »




In the Noble Quraan there is NO such law that a woman who's been raped must bring 4 witnesses to prove she's speaking the truth NOR is a victim of rape supposed to be punished.  Rape is NOT equivalent to adultery in the Quraan.  Such distortions have crept into Islam through Hadith and have then been injected into the Shariah and Hudood laws.  In reality, such rules have NO connections with the Quraan, and therefore are NOT Islamic laws.  These practices have simply been revived by clerics and zealots unwilling to give up the culture of ignorance of the pre-Islamic era. 

If a woman says she's been raped, she has to be given the benefit of the doubt and her claim must be accepted unless there is a clear and glaring evidence to prove otherwise.  Even if she's proven wrong, there is NO punishment prescribed for her in the Quraan.   

In Islam, a woman who's been violated must be treated with kindness and must receive proper justice.  Please note, a victim of rape cannot be asked to bring witnesses.  It's much the opposite.  If someone accuses a woman (for that matter even a man) of adultery, in that case, the accuser is requied to bring a minimal of 4 witnesses without which the case would not be eligible for court hearing.  If the accuser is unable to bring 4 witnesses, they will be considered guilty of slandering.  Also, if someone accuses somebody of adultery or sexual misconduct, simply bringing 4 witnesses does not resolve the issue.  As mentioned, these witnesses are the minimal requirement to start a case in court or its equivalent in the 7th century.  The accused can only be convicted if concrete and undeniable evidence/evidences are produced from the court proceedings.   

Another profound misunderstanding among many Muslims is that they take the term 'witness' to mean 'eye-witness.'  This again is a blind assumption for which the Quraan gives NO warrants.  Rather, 'witness' simply means a person who can testify in court about whatever he or she may know regarding that matter .. much the same as what it it would mean to be a 'witness' in a court of law today.   

It should also be remembered that even if a person is convicted for adultery (woman or man), the punishment is NOT death by stoning.  This is a practice that's been borrowed by Hadith from the altered Old and New Testaments.  As per the Quraan, the penalty for adultery is 100 lashes .. not for the purpose of inflicting physical injury but as a symbolic gesture of humiliation.  On this topic, check our post The punishment of lashing is not meant to inflict physical injury.

The Quraan, on the contrary, forbids to tarnish the reputation of a woman.   

"And those who accuse honourable women but bring not four witnesses, scourge them (with) eighty stripes and never (afterward) accept their testimony - They indeed are evil-doers -  Save those who afterward repent and make amends. (For such) lo! Allah is Forgiving, Merciful." (24:4-5)  Surah An-Nur

By reading the above verses, one can imagine the enormity of the crime and sin a rapist commits.  When Allah denounces a person who verbally dishonors a woman with the penalty of 80 lashes with all his testimonies becoming felony in future (unless he genuinely apologizes), therefore a man who dishonors a woman physically (i.e. rape) would be a downright criminal worthy of still tougher punishment. 

Coming back to the subject of accusing a woman (or man) of sexual misconduct, the matter is also largely decided on trust of oath taken by the accused.  If someone accuses a woman of such an act, of course she has the right to refute it.  If the accuser refutes her claim of innocence, it's then the accuser's task to bring the witnesses.  The matter would be closed right away if now the woman simply denies the accusation by taking a solemn oath.  Hence in such a case, if the woman takes a false oath, her judgment and punishement will be dispensed by Allah on the Day of Judgment.  As long as she's in this world, she must be let free on the basis of trust.  It's the same if the accused is a man. 

The process of law follows much the same course if a spouse accuses their partner of adultery but has no witnesses nor evidence.  In such a situation, the accuser has to swear five times by Allah that his or her accusation is true.  And it will clear the accused if he or she under solemn oath by Allah refutes the accusation as false.  If the accuser or the accused lie under oath, their punishment will be with Allah in the Hereafter.  This procedure is known as Li'an under the Islamic law.  It's mentioned in the following verses.

"As for those who accuse their wives but have no witnesses except themselves; let the testimony of one of them be four testimonies, (swearing) by Allah that he is of those who speak the truth;

And yet a fifth, invoking the curse of Allah on him if he is of those who lie.

And it shall avert the punishment from her if she bear witness before Allah four times that the thing he saith is indeed false,

And a fifth (time) that the wrath of Allah be upon her if he speaketh truth."  (24:6-9) Surah An-Nur



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Heba E. Husseyn
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« Reply #1 on: July 28, 2008, 02:44:30 am »

Thanks sister.  This was a nice and refreshing read that presents the true ideology of the Glorious Qur'an on this topic.  When I read the articles or answers by our scholars concerning this issue on websites or TV lectures, it's interesting to note that they all speak truthfully at that moment, saying and agreeing that raped woman is not required to bring witnesses neither to be punished.  But at the same time they also uphold Shariah which is the source of this terrible concept.  So, frankly I don't understand what's the standpoint of these scholars and ulemas.  As usual, they are contradicting their strategy.  It only proves that they fully realise the folly of Shariah (the source of which is Hadith), but the depth of their love for the Hadith imams prevents them from picking out this matter and rejecting it.  For this reason, you will also notice that when they speak on this issue that raped women aren't required to bring witnesses etc., at this point they also cleverly evade Hadith / Shariah (apparently out of embarassment).  But as soon as this topic has been discussed, they jump back to Shariah for other matters.  Really strange people!

Then again, some months ago I was reading on this topic at IOL.  I saved the link of that piece from 'Ask the Scholar' section in my email folder and have copied it at the end of this post.  It's written by Kamal Badr who's in the panel of IOL 'scholars.'  Do please read that link.  There are certain things quite disagreeable about the author's opinion.  I quote a small excerpt as under.

"for rape victim to be absolved from guilt, she must not be the one that opens her house for robbery and her dignity of deflowering.  If after trying her best to resist the attack, she gets overcome by the assailants, she is totally absolved from punishment."

Actually, by writing such a thing, this author is himself opening the door to introduce those unfounded concepts that exist today in Shariah.  It is true that for the purpose of avoiding untoward incidents like rape, the Qur'an tells a woman to dress & behave modestly, and indeed she should.  But we all know for SURE that nowhere does the Qur'an say or even hint that a man can be justified if he rapes an immodest woman.  These ulemas and scholars forget that the Qur'an instructs men to be just as modest as women.  The Qur'an commands men to be modest to the extent of not even allowing their gaze to wander.  If a woman is dressed vulgarly, or if she behaves in a cheap or flirtatious manner .... let her sins be on her shoulders.  She will have to answer for her violations.  But that doesn't mean the man should forget the instructions of modesty given to him and become a still greater sinner by commiting rape. 

Besides, it also depends what Kamal Badr means when he writes that a woman must not "open her house to robbery."  For example, a woman working in an office may decide to go for lunch with a male colleague with perfectly clean intentions (which is okay as long as one has a straight intent), but if that man is secretly a creep and behaves in an objectionable way ..... is the woman to be blamed for trusting him to be a decent platonic friend and a co-worker?  Not at all.  It's the guy who's to be blamed because far from being modest, he has proven himself to be a scumbag.   


Thanks again Sis.  Assalam Alaykum and peace.
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Zainab_M
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« Reply #2 on: July 28, 2008, 03:19:49 am »

Thanks to you too sister heba.  Your very intelligent comments has made my work a lot more complete. 

And yeah, I too read that response by Kemal Badr at IOL quite long ago.  u r right.  Several of his views are bizarre.  He is also taking things out of context with the ususal twists and turns.
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« Reply #3 on: July 28, 2008, 06:07:10 pm »

Alhumdulilah.  very useful thread.  It answers all questions on this much talked about topic.  I think the two above posts of sisters heb and zeynab should be combined and posted on IOL board.    Thanks a lot.  peace.
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« Reply #4 on: August 08, 2008, 06:28:43 am »



Superb article sister Zeynab. Wonderful work. May Allah bless you with goodness in everything.

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