Rape
DKleinecke
has always been its treatment of rape. Islamic courts have made it
almost impossible to punish a rapist by requiring four witnesses. The
Qur'an says that four witnesses are required convict a woman of
fornication. The law has extended that to men and, since rape is
rarely witnessed, that means rapists usually go scot free.
Now we have techniques for using DNA evidence to identify rapists. Has
Islamic law recognized this fact? How has it responded?
Amro
mail.com> wrote:
> =C2=A0Islamic courts have made it
> almost impossible to punish a rapist by requiring four witnesses.
Can you be more specific as to which islamic courts and by whom
and when that requires 4 witnesses? a reference to a school
of thought or a hadith?
I beleive rape falls under honor crimes not adultry or
fornication. In a county like Egypt rapists are executed.
Hamid S Aziz
"DKleinecke" <dklei...@gmail.com> wrote
> One of the difficulties with the shari'ah from a western perspective
has always been its treatment of rape. Islamic courts have made it
almost impossible to punish a rapist by requiring four witnesses. The
Qur'an says that four witnesses are required convict a woman of
fornication. The law has extended that to men and, since rape is
rarely witnessed, that means rapists usually go scot free.
Comment:-
Firstly, it must be pointed out that Islamic Law relates to an Islamic Way
of life.
If you do not have Muslims who have faith and adhere to the kind f life
that the Quran and Hadith describe then the Law cannot apply.
Secondly, what applies to rape applies to fornication and adultery as well.
The Law makes it difficult to malign or prosecute or punish adulterers or
fornicators, but there are teachings that forbid it.
But if people do fall to temptation then the attitude is that
such misdemeanors should be hidden and not flouted for others to imitate
or for the impression being given that such activity is normal or tolerable.
Thirdly, I do not believe that if there are techniques by which truth can be
established that these are invalid in Islamic Law. Islam most certainly
requires the pursuit of knowledge and the application of truth.
But most certainly Islam does not allow trial by heresay or rumour or
unsupported accsations
Hamid S. Aziz
DKleinecke
> On 24 =3DD9=3D86=3DD9=3D88=3DD9=3D81=3DD9=3D85=3DD8=3DA8=3DD8=3DB1, 16:14=
, DKleinecke <dkleine...@g=3D
>
> mail.com> wrote:
> > =3DC2=3DA0Islamic courts have made it
> > almost impossible to punish a rapist by requiring four witnesses.
>
> Can you be more specific as to which islamic courts and by whom
> and when that requires 4 witnesses? a reference to a school
> of thought or a hadith?
> fornication. In a county like Egypt rapists are executed.
I think I can claim this is a matter of common knowledge. Recent
events in Nigeria where women were sentenced to be stoned for adultery
because they could not prove they were in fact raped demonstrates the
situation. So far as know the sentences in Nigeria were, thank God,
never carried out. But the rapists were never even brought to trial.
I find your notion that rape is an honor crime and different than
adultery or fornication odd and disturbing. Look at this from the
woman's point-of-view. It looks very different that way.
As to Egypt I believe they make no pretence of being under Islamic
Law. Nevertheless I must insist that capital punishment for rape, if
honestly applied, must result in a couple of hundred executions a year
- have there, really and truly, been executions of rapists? My guess
is that the law is a dead letter.