Evidence to Prove Rape in Islam
Question:
Assalam Alaykum,
As per my link below, highlighting the query I have, the question i want to ask, is what does a women or indeed a man who state they have been raped, need to be able to provide in evidence that their allegation is true? The case below suggest that a ' confession or as the result of testimony from four adult male witnesses to the crime' is needed to verify that a rape did take place. However, why 4? what if you cant't find any males to provide evidence? is DNA evidence applicable? I have more arguments about how finding four males or having a confession can be problematic, so i wanted your opinion on the matter please. Thank you Link; http://www.bbc.co.uk/news/world-middle-east-23381448
Answer:
Assalamu Alaykum,
The Qur’an demands four witnesses for the case of Zina (adultery and fornication). Among other reasons, this is to keep the crime of the two people who have done something wrong in private as hidden as possible. This provides them opportunity to repent and return to the correct path before being punished, also so that people do not accuse others of this crime easily and on a false basis.
Most of the jurists have generalised the above requirement (for four witnesses) to the case of rape. This in my understanding is a grave mistake that is resulted from illogical Qyas (comparison).
Rape is not a crime in between two willing parties. It is a crime against a person who is the victim. Accordingly any evidence that can help the court to identify the criminals, including DNA test can be used. Requiring four witnesses for the case of rape is not only against obvious rules of rationality but is also against the spirit of the penal law of Islam where the right of the victim is delicately protected and the criminals are taken to the court of justice decisively.
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August 2013
Assalam Alaykum,
As per my link below, highlighting the query I have, the question i want to ask, is what does a women or indeed a man who state they have been raped, need to be able to provide in evidence that their allegation is true? The case below suggest that a ' confession or as the result of testimony from four adult male witnesses to the crime' is needed to verify that a rape did take place. However, why 4? what if you cant't find any males to provide evidence? is DNA evidence applicable? I have more arguments about how finding four males or having a confession can be problematic, so i wanted your opinion on the matter please. Thank you Link; http://www.bbc.co.uk/news/world-middle-east-23381448
Answer:
Assalamu Alaykum,
The Qur’an demands four witnesses for the case of Zina (adultery and fornication). Among other reasons, this is to keep the crime of the two people who have done something wrong in private as hidden as possible. This provides them opportunity to repent and return to the correct path before being punished, also so that people do not accuse others of this crime easily and on a false basis.
Most of the jurists have generalised the above requirement (for four witnesses) to the case of rape. This in my understanding is a grave mistake that is resulted from illogical Qyas (comparison).
Rape is not a crime in between two willing parties. It is a crime against a person who is the victim. Accordingly any evidence that can help the court to identify the criminals, including DNA test can be used. Requiring four witnesses for the case of rape is not only against obvious rules of rationality but is also against the spirit of the penal law of Islam where the right of the victim is delicately protected and the criminals are taken to the court of justice decisively.
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August 2013
