Group: Members Joined: 09th May, 2011 Topic: 122 Post: 4287 Age:
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Posted on:4th Aug 2009, 2:18pm
Rape In Islam
In Islam, we are not allowed to tarnish
the honor of anyone. One is required to produce four witnesses when
making an allegation of adultery against another person; otherwise, one
will be guilty of slandering.
A raped woman is a victim that must be treated with honor and
kindness. She is not required to produce four witnesses to prove the
crime done against her, nor is she punished for the crime done against
her.
In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
If a person makes an
allegation of adultery against another person (male or female) he or
she must produce four witnesses to support such an allegation;
otherwise, he or she is guilty of slandering, which is a grave offense
in Islam, for we are not to tarnish the honor of anyone.
A woman who has been raped cannot be asked to produce witnesses;
her claim shall be accepted unless there are tangible grounds to prove
otherwise. To insist that she provide witnesses is akin to inflicting
further pain on her. If anyone refutes her claim of innocence, the onus
is on him to provide evidence, and she may simply deny the claim by
making a solemn oath, thus clearing herself in public. The Prophet
(peace and blessings be upon him) said, “The onus to provide
evidence falls on the one who makes a claim, and the one who denies
(the same) can absolve himself or herself by making a solemn oath to
the contrary.”
As for a spouse who witnesses his or her partner committing
adultery and the other party denies it and they are unable to provide
witnesses, they are, if they so desire, to part company by repudiating
each other by engaging in what is known as a solemn oath and prayer of
curse (li`an). It is described thus in the Qur’an: “And those
who accuse their wives, and have no witnesses but themselves, then the
testimony of each of them shall be a testimony sworn by God repeated
four times, that he is indeed truthful. And the fifth (oath) is that
God’s curse be upon him if he is lying. And it shall avert punishment
from her that she testify a testimony repeated and sworn by God four
times, that he is lying. And a fifth (oath) that the wrath of God be
upon her, if he has spoken the truth” (An-Nur: 6-9).
Great information, i once studied this topic in my Business Law class, and even at that time, there were alot of people who were confused. But u have great information HITMAN, welldone.
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How Does A Woman Can Provide Witness That She Has Been Raped?