Is it really Sharia?
It’s been changed now but the old rule of if a woman gets raped and she cannot prove it by having 4 male witnesses then she should be punished? is that sharia?
Re: Pakistan Rape Law?
Sharia or not I think it's hudood (read as mad) ordinance. If I am wrong please correct me.
Re: Pakistan Rape Law?
LB ,
IMHO - Hudood is the plural of Had = limit ,
so in shariah terms it means the order of Law under which some one is found guilty.
It does not equate to MAD in any way.
Re: Pakistan Rape Law?
It's been changed now but the old rule of if a woman gets raped and she cannot prove it by having 4 male witnesses then she should be punished? is that sharia?
I don't know whether it has actually changed or not and what is the change?
but as far as the old version, there were definite flaws in it from the Shariah point of view. It was biased against women making them scandalous in their claim of rape. Presuming them guilty before the verdict where as the case is always and in Shariah as well, the reverse, presuming innocent unless found guilty.
As a result of it we had countless women who suffered rape ending up in prison for not being able to prove their victimization and punished for slander under the "islamic Had". Again an example of how muslims laws of today bring a bad wrap to the great Laws of real Islamic Shariah.
Wallahu Alam.
Re: Pakistan Rape Law?
Now my question is "Is hudood ordinance based on sharia or it supercedes sharia in reality?"
Re: Pakistan Rape Law?
^ I think you did not see my post #4...
Re: Pakistan Rape Law?
What exactly have they changed, and when was this change made?
Re: Pakistan Rape Law?
THere is no 4 witnesses for rape, that is for adultery, which was instated because several men were falsely accusing women of adultery.
Re: Pakistan Rape Law?
From what i understand those 4 witnesses, they have to be of good character AND have witnessed the act with their own eyes.
Now the thing is that, if you saw somebody having sex right in front of you that either means, you were participating in it, which means that they cannot be of good character since they were participating in it. 
Re: Pakistan Rape Law?
The whole point of 4 witnesses is that most adultery episodes wont be caught by the government. Why? Probably because these things are better left in the hands of God for punishment. Its better, when in doubt, to leave a punishment up to God, than to take the risk of punishing someone by death for something they didn't do.
Hence the rigid 4 witness requirement for adultery.
Its not for rape. Never was.
Although, with medical evaluations and forensic testing, its much easier to prove a rape, and to catch a culprit.
Its so silly. These same maulvis who use the Hadith to throw around their rulings ignore the very hadith that talk about how the Prophet handled situations in which women claimed they were raped. I believe those men were put to death.
Re: Pakistan Rape Law?
^Yeah I agree, I mean it's so simple that I think what kind of people are making laws in Pakistan.
Re: Pakistan Rape Law?
Hudood Ordinance is not bad as projected by so called "liberals" in Pakistan. Laws dealing with society should best be handled by our educated Islamic clerics and not by supreme court of Pakistan.
Re: Pakistan Rape Law?
And then the tune changes when one of your own does get raped. 
Re: Pakistan Rape Law?
You guys are confusing rape and adultery, two different meanings in the english language, with zina, which means illicit sex. So that means, if a women is raped, she would need to prove that the rapists commited an act of zina, which is a general term for sex outside of marriage. To prove it, she would need 4 pious male muslim witnesses of outstanding character. This is to stop people from being defamed, as to accuse someone of having sex outside of marriage is a major slander. Rape and adultery fall under zina I think. Allah knows best, unless your one of those sexular hippies that introduce man made laws in islamic countries.
Re: Pakistan Rape Law?
Also, if a women is raped, she might not be able to identify the rapist properly. I think theres a hadtih where a women accused a man of raping her, then prophet muhammed(pbuh) sentenced him to death, but afterwards another man admitted to commiting the act. After, both the women, for bringing false testimony, and the man were punished. This is why 4 witnesses are required.
Re: Pakistan Rape Law?
^So ur saying their is 4 witness requirement for rape, how many rapes have occurred with four reputable witnesses standing by and doing nothing? Thats why its not a requirement for rape, but for adultery. One is forced, the other is consensual.
Re: Pakistan Rape Law?
^ agreed
I mean which rapist does his deed in front of 4 reputable witnesses?
our mullah brigade has really gone bonkers on this one. the existing law makes no sense whatsoever, and the tragedy is that the victim is instead thrown in jail, even if by this goofy interpretation that we had been using in Pakistan, if they say there was no raoe but adultery, well it takes two, so why is the guy not tossed in jail too? It was a horrible law which prevented victims from speaking up because there would be no way they would be able to provide 4 witnesses.
Re: Pakistan Rape Law?
Did you read this?
[QUOTE]
theres a hadtih where a women accused a man of raping her, then prophet muhammed(pbuh) sentenced him to death, but afterwards another man admitted to commiting the act. After, both the women, for bringing false testimony, and the man were punished. This is why 4 witnesses are required.
[/QUOTE]
Thats why 4 witnesses are needed!
Re: Pakistan Rape Law?
^ where in this does it say that the Prophet (saw) asked for 4 witnesses from the woman????
neither in the case of the first man punished, nor in the case of the second, were there any witnesses brought forward....