Politics of Rape in Pakistan

Arts & Culture Culture, Arts, Literature & Linguistics
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This is worth reading.

“Fifteen-year-old Jehan Mina became pregnant after being raped by her uncle and cousin. Her family filed a complaint of rape but since there were no witnesses, the alleged rapists were acquitted. Yet her pregnancy was proof that “zina” [extra-marital sexual intercourse] had taken place and she was sentenced to 100 lashes in public. The punishment was later converted to 3 years imprisonment and 10 lashes.”

I want to discuss if there is a way to send this system back to where it came from?

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Re: Politics of Rape in Pakistan

but you know what..she willnot be wearing any short skirts so there is hope.

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Re: Politics of Rape in Pakistan

Actually a number of times the lawyers in Pakistan have lobbied against the law of 4 witnesses. They argue that if a women brings up a rape case without witnesses she is jailed for adultery and the guys are roaming free. The courts have gone as far as to let the women go free but there is not enough political power to strike down that law.

Madhu Bhai, Majiburahman sahib, who used to be Amir Jama'at Pindi and a successful lawyer tried to separate the rape laws from the zina laws in an effort to at least save the women victims being prosecuted under zina but he got cut short in the courts on grounds that he is a 'qadiyani' and the laws are islamic.

where are
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Re: Politics of Rape in Pakistan

Ahmadjee Bhaijan, the MJ case made of think of justice system in Pakistan, and Shariah Law (as it applies to women) in particular. I happen to know the good lawyer you are talking about.

where are
where are
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Re: Politics of Rape in Pakistan

i dont get this whole there needs to be witness's thing...is that islamic law?

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Re: Politics of Rape in Pakistan

4: 15/16.* And such of your women who are guilty of any flagrant impropriety - call to witness four of you against them; and if they bear witness, then confine them to the houses until death overtakes them or Allah opens for them some other way. *

24: 4/5. *And those who culminate chaste woman but bring not four witnesses - flog them with eighty stripes, and do not admit their evidence ever after, for it is they that are the transgression, *

In Pakistan, rape cases are included in this injuction.

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Re: Politics of Rape in Pakistan

^ its rather silly though, who would want to rape someone in the presence of witnesses?

ehsan bhai
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^rape witnesses are usually waiting for their turn

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and u expect them to admit what they did?

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AOA
I guess the issue gets confusing because how the paki law works. Here are the islamic injunctions for rape and subsequent allegations for the rapist, also accusation on a chaste woman..or today man as well.

  1. No witnesses are required for the woman claiming rape against her from an alleged offender. She is will be considered a victim untill proven to be a liar. Normal methods of providing proof (DNA testing as well) as prevailant at the time will be used to prove/disprove her claim.
  2. A pious woman being alleged as a fornicator must be subjected to 4 witnesses from the alleging party to prove she is a fornicator/adultress.
    the paki law it seems like is messed up because it is using the wrong injunction in the rape cases. May Allah have mercy on those who came up with this twist as they have put the whole nation under oppression and the image of islam in shambles…
    See below for more explanation.

The *Shari‘ah *has not devised any punishment for the victim. She deserves all sympathies and will be dealt as justice demands. The Holy *Qur’an *requires four witnesses in two specific cases only: When someone alleges that a pious person is guilty of fornication or to establish that some lady is a prostitute. As Javed Ahmad (His research has been published in detail in the Sep2002 issue of the [size=2]monthly-renaissance.com journal."]http://monthly-renaissance.com/septfeart2y2.html]](http://monthly-renaissance.com/septfeart2y2.html)) Ghamidi has pointed out in his referred to research, apart from the two cases described above, Islam does not prescribe the need of four witnesses to prove a crime. A crime can be proven through all the means that are available to us including the ones which today science has made possible for us. So when a raped woman approaches the court for justice she will be dealt with as a victim. She will be provided with protection and moral and legal support. Obviously, the basic purpose is to punish the guilty not the innocent victim herself. [/size]
iii. according to some jurists if a rape victim cannot prove her allegation, then she will be punished for qadhf. As stated in (ii), Islamic religious sources have not prescribed any punishment for the victim. It is only the understanding of some of the jurists.

WAllahu Alam

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Re: Politics of Rape in Pakistan

^ what possesed u to keep that bara sa nick ?

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See my signature..it is intuitively obvious after your read the trans of the verse…:maulvidis

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**4: 15/16. And such of your women who are guilty of any flagrant impropriety - call to witness four of you against them; and if they bear witness, then confine them to the houses until death overtakes them or Allah opens for them some other way.

24: 4/5. And those who culminate chaste woman but bring not four witnesses - flog them with eighty stripes, and do not admit their evidence ever after, for it is they that are the transgression,

In Pakistan, rape cases are included in this injuction.**

Ahmadjee, that is a gross misinterpretation.

And such of your women who are guilty of any flagrant impropriety

This is the first clause - everything that follows depends on this. In consentual sex - fornication/adultery waghera - the female is guilty of a flagrant impropriety AS IS A MAN.

in rape, the female is not guilty of FLAGRANT impropriety, because what happened to her was not her will, and thru the rape, she probably fought as much as her physical strength allowed her to. REmember, even the Quran says that men on average are physically stronger.

Therefore, she did not partake in any flagrant impropriety. The rapist, however, did. Because it was his intention to have the sex. The second offense the rapist committed, which is even worse, was that he forcibly took something of her own personal property. This crime is classified as Hiraba (Google, zindabad).

Furthermore the term "flagrant" implies that there was some intentional agreement to the act, which does not apply to a rape victim.

Therefore, the Pakistani gov't should not be applying this aaya to cases of rape.

CHORI ka net
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Re: Politics of Rape in Pakistan

very stupid. pregnancy should not be taken as evidence for zina, because if you wish to have four witnesses to convict rapists, then have four witnesses to differentiate between consensual sex and rape.

zia ul haq was a **** wit.

CHORI ka net
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Re: Politics of Rape in Pakistan

And what is EVEN more sad, is that the law has not been changed since!

Even benazir bhutto, being a woman, didn't change the damn law.

Shows you very much on how little they know about Islam.

And what's even sadder is that the MMA supports it. Despite all their knowledge about Islam.

And here I am - a bio/philosophy major from a not-so well known university - and I'm able to interpret the Quranic text better than these guys!

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Re: Politics of Rape in Pakistan

they pander to their principle demographic, the religious*ity* worshipping pakistani. when you consider that zia's referendum didnt ask people whether they wanted zia to remain in power but whether they wanted Islamic rule in the country you see how they manipulate and use religion to impress the average pakistani who considers a raised shalvar, mehndied beard, tasbeeh in hand while watching Zee tv all objects of veneration and respect. Likewise for politicians subsequent to Zia, institutionalizing religious laws is not done for the purpose of providing justice and adl to people, but to cash in on our willingness to run blindly, gushing with joy after anyone who raises the flag of Islam (which also illustrates why osama is so popular..) .

What surprises me is that educated people realise that Islamic laws as instituted in our country are mostly politically motivated, and they realise that the politicians themselves have no interest in providing justice to the people, and thus all these laws are just as likely blasphemy and cruelty in the name of Islam. But they hang onto them, the oppose measures to get rid of them because the name preceding these laws is 'sharia'.

sab form pe jatay hein.. substance ho na ho.

My Vision 2007 (10,000) thread
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[quote]
"Fifteen-year-old Jehan Mina became pregnant after being raped by her uncle and cousin. Her family filed a complaint of rape but since there were no witnesses, the alleged rapists were acquitted. Yet her pregnancy was proof that "zina" [extra-marital sexual intercourse] had taken place and she was sentenced to 100 lashes in public. The punishment was later converted to 3 years imprisonment and 10 lashes."
[/quote]

That's disguisting..

Aab hai Khushi Khushi mein na Ghum hai malaal mein
Aab hai Khushi Khushi mein na Ghum hai malaal mein
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Re: Politics of Rape in Pakistan

we r making zulm of the highest order in pak..under the guise of islam…reasons:

  1. avg. paki is so far from real islam (purposely kept this way by deobandi mullahs which are the majority in pak)..I was also born into such a family so I know…so pakis don’t even know black from white in real islam…
  2. no one goes to the authentic sources of knowledge, rather we r a nation of "I already know…becuase I say so…u r wrong becuase I don’t like u…my hazrat jee is the most oonchay…etc etc…
  3. come back to the real islam…and lets start fixing our egos first…then we can;t be misled by others…:frusty:
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PCG - bb is not the 1 who cares…pak needs someone with the heart and zeal to fix things…and the islamic understanding as well…why we can see things and they can’t…simple…we r not occupied by their goals of money and power that makes us blind…we r looking with eyes…not our greedy hearts…
bb or others don’t have the “taphar” as they say…
oh Allah save us…:help: they r all wolf in sheep’s ..:dixsi:

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You are right bro.

Except Devbandi’s are not the majorty, Barelwi’s are but now they’re on the decline, thank God for that, they’re worse.

I myself was born into a Devbandi family too, some hardly ever know anything about Islam and just go with anything which comes from the local Pulpit, same with Barelwis too.

I have a laugh disagreeing with a lot of things said by Deobandis and when I do the local Tableeghi Jamaat brothers act as though I’ve just commited Kuffar, “oh but bro do tauba, those are the views of Maulana Zakariyya Kaandhlawi or Fulaan Desai or Maulna Aashiq Ilaahi”, I’m like who cares? They’ve exaggerated the ststaus of their Mashaaikh to almost infallibles, and these days they’ve got milk in their breasts for Barelvis too, aaj kal un pe barra piyar aa raha hai quoting Alaa Hazrat Barelvi at every step. :rotato: