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I was reading this post.

I have a few question about it's contents,

A woman can imprisoned for admitting to pre-marital sex, because proving that a rape happened is next to impossible in Dubai, where four male Muslim witnesses are required. If a woman admits to being raped, and the rape cannot be proven by the legal system, the man or men walks free.

If a woman tells she was raped and is not able to prove it, does it mean she engaged in pre-martial sex and will be punished for it?

The answer says this,

If you're looking for the reason why this is the case even when they've been raped, it's because Islamic law, specifically, Sharia law, states that this is the punishment for engaging in pre-marital sex.

As far as I know, this is definitely not the Islamic law. Islam would never punish an innocent. Can someone comment on this please.

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    Well i think one problem for proving a rape is having 4 witnesses, so either you have them and can prove it or you don't and then you may accuse somebody without witnesses and in this situation it is your word against his word. And as a woman's witness is counted as a half, it wouldn't end in her favor. That might be a reason for her punishment. But as this is only my understanding it's more an input rather then an answer of your question! – Medi1Saif Apr 7 '16 at 6:08
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    Requirement of 4 witness mentioned in sura noor (24) is for adultery where both persons are voluntarily involved in the sin. But rape is a crime committed on women and I don't think 4 witness is required to prove it. if there are other forensic evidences, the rapist can be punished. if this is not the case, there will plenty of occasions where there is no chance of four witness and there will be increase in rape cases, as they know they can walk free. Whether this is followed in all Muslim nations, I do not know. – Abu Ziyad Apr 7 '16 at 14:16
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    @AbuZiyad if you could quote a scholar who doesn't apply the rules of adultery on rape I'd be glad! – Medi1Saif Apr 15 '16 at 10:28
  • She is not at a disadvantage, If she is truthful then Allah is on her side and the fith oath is the curse of Allah upon the liar. Allah Knows Best, Allah Forgive me if I am Wrong – HexC3D Apr 1 '17 at 2:05
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So many people keep talking about that this requires 4 witnesses, and one asks to bring some scholars who does not see this, ok I will give you some shortly.

First I want to discuss the case in Dubai,

in Dubai, and this is from many people living there, because they have many foreigners, and those foreigners are accustomed to pre-marital sex, they have a lot of people committing adultery and when they get caught, they say we were raped, this is why in Dubai specially, they require very thorough investigation of the case to prove what happened.

Now to what Islam has to say in the matter:

If the guy was proven to have raped her, and he used a weapon, whether there are 4 witnesses or not, he takes the punishment of "Moharab" which is a someone who fights Islam, and gets on of punishments stated in Surah Maeda, Verse no 33: 1- Death Penalty 2- Crucifixion , 3- Cut their hands and legs, 3- Banished from the Muslims land. All this after paying here "Mahr" which is marriage money, If he was not using a weapon, he gets the adultery punishment. (which is lashes)

Now to the Scholars:

  1. Imam Malik "AL- Mawte'" (2/734)
  2. Sheikh Soliman Al- Bagy "Al Montawa Sharh Al Mawte'" ( 5 / 268 ، 269)
  3. Imam Ebn Abd El - Bar "Al Istithkar" ( 7 / 146 )

Why would she be punished if it cannot be proven?

This is a very serious accusation, and proving here does not mean merely DNA, DNA only proves sexual intercourse, but not rape, they could have just had sex and she wants to get at him for some reason, and because his punishment is so hard as already stated, it needs to be proven thoroughly, and if the accusation was not proven to be correct, and she was proven to have had sex, then she and him get the adultery punishment.

EDIT

Apparently and this is so sad, actually proving that rape happened turned out to be quite difficult, and in many countries the guy gets to walk away or the victim never reports it.

EDIT 2

They will both be punished if rape couldn't be proven but they were proven to have had extramarital sex.

Hope that answers your question.

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    Can you explain the down vote? – engma Apr 19 '17 at 4:07
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    Not that I could downvote but 1) The question asks what happens if it's unclear whether it was rape or not. Are they both set free or is there still punishment for the extra-marital sex? You don't address that. 2) The last paragraph is... inaccurate at best. There may or may not be signs of fighting when it was rape and there may or may not be signs of fighting when it wasn't. It doesn't add anything to the answer. 3) Not sure if it's necessary but could you provide the actual quotes you are referring to within your answer? – The Raven Queen May 24 '17 at 8:11
  • @TheRavenQueen 3) unfortunately I only know those books in arabic, and I don't have a translation readily available – engma May 25 '17 at 6:31
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    For clarification: Does your second edit mean that there's no presumption of innocence? If rape can't be proven it's not automatically disproved. In such a case are both punished even though it could mean you are punishing an innocent? – The Raven Queen May 25 '17 at 11:07
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    "They will both be punished if rape couldn't be proven but they were proven to have had extramarital sex." This still says otherwise. Do you have any numbers for Dubai btw? Like how many rapes are reported, how often is the accused person found guilty, how often are the claims proven to be false and how often is it unclear and can neither be proved nor disproved? – The Raven Queen May 31 '17 at 7:40
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There is some clarification needed here about the hadd punishment for zina and the issue of rape.

It's well known that zina requires 4 witnesses who witness the act. In the absence of 4 witnesses, the evidence is the testimony of the accused themselves.

As is well known from the hadith:

Abu Huraira reported that a person from amongst the Muslims came to Allaah's Messenger (sallAllaahu alayhi wa sallam) while he was in the mosque. He called him saying: Allaah's Messenger. I have committed adultery. He (the Prophet) turned away from him, He (again) came round facing him and said to him: Allaah's Messenger, I have committed adultery. He (the Prophet) turned away until he did that four times, and as he testified four times against his own self, Allaah's Messenger (sallAllaahu alayhi wa sallam) called him and said: Are you mad? He said: No. He (again) said: Are you married? He said: Yes. Thereupon Allaah's Messenger (sallAllaahu alayhi wa sallam) said: Take him and stone him. [muslim:4196]

This was for the man, and the prophet saw asked him his mental state to eliminate any factor that negates the hadd punishment.

The same was for the case of the woman:

Then a woman of Ghamid, a branch of Azd, came to him and said: Messenger of of Allaah, purify me, whereupon he said: Woe be upon you; go back and beg forgiveness from Allaah and turn to Him in repentance. She said: I find that you intend to send me back as you sent back Ma'iz. b. Malik. He (the Prophet) said: What has happened to you? She said that she had become pregnant as a result of fornication. He (the Prophet) said: Is it you (who has done that)? She said: Yes. He (the Prophet) said to her: (You will not be punished) until you deliver what is there in your womb....[muslim:4205]

Again, the testimony of the person is what is considered. This was exactly the case in the hadith about rape in the sunan of Abu Dawud:

“When a woman went out in the time of the Prophet (PBUH) for prayer, a man attacked her and overpowered [raped] her. She shouted and he went off, and when a man came by, she said: ‘that [man] did such and such to me.’ and when a company of the emigrants came by, she said: ‘that man did such and such to me.’ they went and seized the man whom they thought had had intercourse with her and brought him to her. She said: ‘yes, this is he.’ Then they brought him to the Apostle of Allah (swt). When he [the Prophet (PBUH)] was about to pass sentence, the man who [actually] had assaulted her stood up and said: ‘Apostle of Allah, I am the man who did it to her.’ He [the prophet (PBUH)] said to her: ‘go away, for Allah (swt) has forgiven you [for mistakenly identifying the wrong man].’ But he told the man some good words [Abu Dawud said: meaning the man who was accidentally seized], and of the man who had had intercourse with her, he said: ‘Stone him to death.’ He also said: ‘He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.” – 4366, SUNAN ABU-DAWUD

The prophet (saw) did not even cross examine the woman who claimed she had been raped, even after it became apparent that she misidentified the guilty man. That is to say, the burden of proof in the Sunnah is on the accused, not on the victim - the testimony of the victim is enough - she does not have to prove it.

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Grrrr. For adultery, ...if someone accuses someone of adultery, they have to swear 5 times and curse themselves. If the accused also swears , then they are not to be punished. Same applies in rape. If a woman accuses rape she,swears 5 times. The accused either accepts or denies and also swears 5 times.

In which case it is,said leave them to god. So, how and why wouod the woman be punished ???
THIS is what has messed up Islam.....this stupid back and forth.

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