What is the difference between the ruling on rape and the ruling on adultery? Is rape proven by modern means?
Woman in White Crew Neck Shirt Saying No To Violence
What is the difference between the ruling on rape and the ruling on adultery? Is rape proven by modern means?
What are the rulings on rape? What is the punishment for a rapist? The problem is that the perpetrator is always the woman,
the accusation from non-Muslims is that the man’s word is supreme and there is no way for the woman to prove that she was raped,
and from here the man sets forth free by his action! How do we prove the crime against a man and a woman if she was raped or committed adultery of her own free will?
Can technology interfere in such a matter? How can the crime be
proven so that the man does not escape punishment?.
Praise be to
God.
First:
Rape is
basically fornication, so it is proven by the evidence of adultery, which is
four witnesses and its punishment is a hundred flogging if the man is a
virgin, and stoning if he is married.
If the rape was carried out at gunpoint, or the woman was kidnapped from her family by force, then the crime would become warfare, (i.e., cutting off the road),
and
it is proven by two witnesses only, and the punishment for it is mentioned in
the Almighty saying: They are killed, crucified, or their hands and feet cut
off from disagreement, or they are exiled from the ground. This is for them in
my shame.
It should be
noted that this had punishment is established for him as soon as he forcibly
abducts a woman, whether or not what he intended as fornication occurred.
Because as soon as she was kidnapped, he became a (bandit), so if he committed adultery with her, his crime became more severe. Because it is a combination of two crimes: adultery and robber
Girl Hugging A Doll
Secondly :
As for the accusation by non-Muslims of the Muslims that the man’s word is supreme, and
that the woman cannot prove that she was raped and that the man set free for
his action, this accusation is unfounded.
But ... from the Sharia and legal rules that must be observed: that the accused is innocent until proven guilty, and the owner of any case
- a man or a woman - cannot accept his case except for what proves its validity, and this is why the Prophet, peace, and blessings are upon him,
said: (If people were given their
claim People do not claim the blood or money of men, but the oath is on the
defendant. ”Narrated by al-Bukhari (4277) and Muslim (1711).
Al-Nawawi,
may God have mercy on him, said:
This hadith is a large base of the rules of Islamic rulings. In it: it is not accepted that a person says what he claims merely in his case, rather he needs evidence or confirmation of the defendant against it, and if he asks for the defendant’s oath, then he has that.
A people’s blood and their wealth is permissible, and
the defendant cannot protect his money and blood, and as for the plaintiff: he
can maintain them with evidence.
Sharh Muslim
(12/3).
If the field was open for every woman to claim that a person had raped her, the prisons would soon be filled with many opponents of these women,
and they could not prove their innocence, so the issue is not chaos so that the woman’s statement would be taken as true and certain, otherwise,
the woman would claim him against
her former lover, in revenge against him! Or on the rich and famous to
blackmail them! Or on her father and brother to leave their mandate and power,
and in this destruction of societies.
Woman Holding White Printer Paper
Third :
It is not
acceptable for a woman to say that she was coerced into fornication except with
strong evidence. As for there is no evidence for that, the hadd punishment is
performed on her like the fornicator.
Ibn Abd
al-Barr, may God have mercy on him, said:
There is no
penalty for her if it is true that he disliked her and defeated her, and that
informs her of her screams, her help, her shouting.
Al-Istudhkar
(7/146)
Woman Placing Her Finger Between Her Lips
Fourthly :
The presence of a man's semen in a woman does not indicate the occurrence of the crime of rape! If that happened by her will,
so she deserves to be punished like him, and it is possible that she claimed that he raped her because of a dispute between them to impose the punishment on him or to blackmail him,
this is not evidence of the occurrence of the crime of rape, rather this is not evidence of the occurrence of the crime of adultery! It is possible that no real sexual intercourse took place and the semen entered her vagina or inserted it herself,
and the existing possibilities are many, and the boundaries are not established in the Sharia by possibilities but by evidence, and the results of the "DNA" may occur in error,
the alteration, and forgery, so they do not
rise to be a piece of legitimate evidence to be established It has the legal limits.
the text of the decision of the Islamic Fiqh Council -
affiliated to the Muslim World League - was preceded in the answer to the
genetic footprint and the areas of benefiting from it, including:
Woman With Bruise on Her Body
First: There is no legal objection to relying on the genetic footprint in the criminal the investigation, and considering it as a means of proof in crimes that do not have a legal limit or punishment, for a report: (See the boundaries of suspicions)
and this achieves justice and security for society and leads to
the criminal obtaining his punishment and acquitting the accused, and this An important objective of the purposes of Sharia. "End.
In this decision:
that the Sharia punishment (the hadd punishment) may not be applied to the
criminal accused if the evidence specified by the Shariah is not available to
prove the crime, but there may be strong evidence that the crime is proven
against the accused.
Here .... with the discretionary penalty that he deems appropriate.
Close-Up Photo of Woman With Her Hands Tied With Rope
Consequently,
the accused does not escape punishment.
And if this
criminal escaped from the punishment of this world, then this is not a
deficiency in the Sharia, rather it may be due to the lack of sufficient
evidence, or the judge’s default or shortcomings .... etc.
However...
there is punishment in the Hereafter that awaits him if he does not repent of
his crime or God does not forgive him.
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