Rape

[mAd_ScIeNtIsT]

Re: Rape

@gupguppy

but you are saying there is already “enough evidence to prove it was done” even without the witnesses… the case is already proven surely… what additional value do the witnesses bring?

True that . Like I said, this was an argument someone else gave.

Searching through islamonline.net, my usual source fo Fatwas, I encountered the following:

http://www.islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=117700

If a person makes an allegation of adultery against another person (male or female) he or she must produce four witnesses to support such an allegation; otherwise, he or she is guilty of slandering, which is a grave offense in Islam, for we are not to tarnish the honor of anyone.

A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) said, “The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”