What Islam says about the claim of a raped woman

Society Religion & Philosophy
1

In Islam, if a person blames someone of committing adultery of fornication, he has to bring four witnesses to prove his claim or he will be striped 80 times.
My question is, if a women is raped, how can she gather four witnesses to testify mutilation of her honour.
I would appreciate logical answers because if you say medically it can be proved than how it was proved fourteen hundred years ago.

2

Re: What Islam says about the claim of a raped woman

[QUOTE]
*Originally posted by Adil378: *
In Islam, if a person blames someone of committing adultery of fornication, he has to bring four witnesses to prove his claim or he will be striped 80 times.
My question is, if a women is raped, how can she gather four witnesses to testify mutilation of her honour.
I would appreciate logical answers because if you say medically it can be proved than how it was proved fourteen hundred years ago.
[/QUOTE]

So you see no difference in Rape and Adultery(consesual).

3

All that DNA test show is that a man unloaded his semen inside a woman.

They cannot show if the sexual intercourse was consensual or not, a positive DNA test does not mean that a woman was raped. A positive DNA test result would occur if a woman had consensual sex and then accused the man of rape afterwards.

Even in the west, in cases where rapes occured without witnesses it is very hard to prove guilt, because rapists almost always claim that the sex was consensual in order to protect himself.

I’ve just done a search for rape convictions in the UK on BBC, and look at 2 examples of how convictions are dependent principally on witness evidence.

  1. 2 Police officers raped a woman in her home - Conviction based on their colleagues reporting their acts

  2. 16-year old boy rapes 15 year old and 17 year old girls - Conviction based on him being spotted wearing the same clothes as the rapist on the day of the attacks

Other cases involve the rapist admitting to the crime.

Generally convictions are very rare where an isolated rape was done in private, without witnesses, where the evidence is merely the guy’s word against the woman’s that sex was consensual.

The only cases where this commonly happens is where a woman goes to police immediately after a rape, where the tissue damage to her has not healed and medical examination can immediately show she was raped by the person who’s semen is inside her - such tissue damage being viewed as proof that it was not a consensual sexual encounter and was rape.

If a period of time elapses between a rape occuring and being reported, and the body heals itself, then conviction without a witness becomes near impossible.

4

:salam:

The following hadith is from Sunan Abu-Dawud

Source

Notice that the prophet :saw: did not ask for 4 male witnesses.

5

Unfortunately pk taz's response was almost completely inane and most of you spent so much time responding to pk taz instead of focusing on the question asked in the first post. Thanks for the last two posters to bring some semblance of intelligence and relevance back to the thread.

I am therefore removing the extraneous replies from this thread.

Jazak Allah.

ps. By the way, please do not put references to other discussion forums. If you must, use copy-paste. Thanks.

6

And how many cut and pastes are ou going ot ofer of cases where no witnesses were there but the guilty were convicted?

The entiore concept of the woman having to prove that she was raped by having 4 witnesses in a patriarchal society is laughable.