Re: Rape - Quran and Hadith
Rape is criminal case and should be treated as such.
Rape: Victims should be given full support. Girls (or victims) accusation should be taken seriously and should be taken into account when registering case. All circumstantial evidences and possible forensic evidences (including medical checkup and DNA) should be taken into account to determine rape, and perpetrator should be given exemplary punishment … death to rapists, his name to be published in every newspaper to make him known and family ashamed, and his property should be confiscated in favour of state and some as compensation to victim.
Adultery or fornication are civil cases and should be treated as such.
Adultery or fornication in open public places with display of act (lewdness). Here, government should look for witnesses, and both parties (man and woman) involved should be punished.
Adultery or fornication in private: There is no punishment in Islam for such act (as such act would lack reliable required witnesses else it would come under category one … where public display and lewdness is present). Anyhow, since such is unwanted activities in Islamic society, state should spread awareness and should discourage it in every way, mostly through education, bringing awareness of religious duties, giving realization citizen responsibility to society, and so on.
Pregnancy as evidence against the girl: A women getting pregnant should not be taken as evidence of crime (rape, adultery or fornication) … as such evidence do not determine anything. One cannot even tell if a girl is drugged and then raped without knowing … or that a girl kept quite after rape under pressure of society … or because of fear … or because she did not trusted the police or justice system … or simply she got forced into due to various pressures. So, those Muslim jurists using such evidence as credible evidence are not only doing sin and would burn in hell, but are going against obvious Islam.
There is no place Islam says that pregnancy is evidence of adultery, fornication or rape. Some retarded Muslim jurists have made pregnancy an evidence, but they are so retarded that they do not even realize that if their rulings would have been Islamic, than applying their ruling, these retards would have made Mariam (AS) guilty and deserving punishment too.