Why is rape victim expected to produce atleast 4 witnesses in order to have her rapist convicted? Why is she accused of adultery incase she cant and given a punishment of stoning to death?
Question
Assalamualaikum, you may have come across the news item in the paper in which a married woman who was raped by her husbands brother (at that time her husband was in jail) in Pakistan. Her inlaws refused to believe her and accused her of commiting adultery with a totally different person (that way getting back at her and some enemy of theirs)and got her arrested. She was convicted of adultery by the court and sentenced to be stoned to death. A lot of women and general public protested this and finally she was released. Her husband believes her and accepts the child (which came as a result of the rape incident) as his. All of this happened only becos the lady couldnt produce 4 witnesses to prove rape (said to be according to Islam). Isnt this expecting too much of a woman who already has to live with the shame of being raped? Please tell me if this is the case in Islam?? Thanking you, Jazakallah Khair.
Answer
Respected Sister-in-Islam
Kindly find below our standard response to a similar query.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.
According to the Islamic law, Hadd is defined as a specific punishment for committing a specific crime which is the right of God and human beings. (Hidaaya vol.2 pg.506; Ilmiyyah)
Islam propagates respecting life, wealth and honour. The Prophet Muhammad (may the peace and blessings be upon him) declared in his farewell pilgrimage, 'Behold, Verily your blood, your wealth and your honour is sanctified like the sanctity of this day (the tenth of Dhul-Hijjah - last month of the lunar calendar when Muslims perform Hajj and sacrifice animals), this month (Dhul-Hijjah) and this city (Makkah).' (Bukhari vol.1 pg.234; Qadeemi) All three are sanctified by a believer.
The purpose of punishments is to deter criminals from committing crimes that will effect the safety of one's life, wealth and honour. The punishment of cutting the hands for theft is a means of protecting one's wealth. The punishment of lashing a person for false accusations is a means of protecting one's integrity. Similarly, the punishment of stoning a married person to death for committing adultery is a means of protection from all the evils that emanate from the evil of adultery which leads to breaking of families, abortion, illegitimate children, etc. Each one of these evils have become an unbearable burden even to the first world countries.
THE PUNISHMENT FOR ADULTERY IN ISLAM
The punishment for adultery has two categories: Adultery committed by an unmarried person or a married person. This distinction becomes necessary because the punishment varies for both. Punishment of adultery for an unmarried person is 100 strokes of lashes. (Qur'aan - Chapter 24 verse 2) Punishment of adultery for a married person is stoning to death, if he/she is; a) A free person (not a slave), b) Sane, c) Physically mature, d) Muslim, e) Married, f) Had intimacy with his spouse. (Hidaaya vol.2 pg.507; Ilmiyyah) This punishment was unanimously upheld by all the Islamic Jurists based on the order and practice by Prophet Muhammad (may peace be upon him).
The crime must be proven beyond the shadow of doubt as the Prophet Muhammad (Sallallaahu Alayhi Wasallam) is understood to have stated, 'Hudood will fall off due to doubts.' (Tirmidhi vol.1 pg.268; HM Saeed)
The laws of evidence in Islamic law are strict. If the witnesses are not honourable as stipulated in Islamic law or there is any inconsistency in any one of the witnesses statements, the accused will not be convicted. In fact, the witnesses will be punished for making a false allegation. (Shaami vol.4 pg.8; HM Saeed). If the Qaadhi (presiding Muslim judge) is satisfied that the allegation is true and proven beyond the shadow of doubt will he issue the decree of punishment for adultery.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai, Camperdown
- Answered by
- Mufti Ebrahim Desai, Camperdown
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