₦airaland Forum

"The accusation made by non-Muslims is that the man’s word is always given precedence and there is no way for the woman to prove that she was raped, and hence the man gets away with his action. How can we prove that the man or woman is guilty, and if she was raped or committed fornication willingly? Is there any role for technology in this matter? How can we prove the crime so that the man will not get away with his action and avoid punishment?"

Praise be to Allah.

The accusations made by non-Muslims against Muslims, saying that the man's word is given precedence and that the woman cannot prove that she was raped, and that the man will get away with his action, is not correct.

But one of the basic principles of both sharee‘ah and man-made law, to which attention must be paid, is that the accused is innocent until proven guilty and the claim of the claimant – whether man or woman – cannot be accepted unless there is proof that it is valid. Hence the Prophet (blessings and peace of Allah be upon him) said: “If people were given on the basis of their claims, people would make claims on the blood and property of others. Rather the oath should be sworn by the defendant.”

Narrated by al-Bukhaari, 4277; Muslim, 1711

An-Nawawi (may Allah have mercy on him) said:

This hadeeth represents one of the most important principles of shar‘i rulings: it shows that no person’s word can be accepted merely on the basis of his claim; rather there is a need for evidence or confirmation from the defendant, and if the claimant wants to ask the defendant to swear an oath, he has the right to ask for that. The Prophet (blessings and peace of Allah be upon him) demonstrated the wisdom behind not giving on the basis of a mere claim, because if it were to be given on that basis, then some people would make claims on the blood and wealth of others, and would regard that as permissible, and the defendant would not be able to protect his wealth or blood. As for the claimant, he can protect his wealth and blood by means of proof.

Sharh Muslim, 12/3

If the field were open for every woman to make claims of rape, the prisons would be filled to bursting with the men accused by those women, and they would not be able to prove their innocence. The matter is not so random that any woman’s claim may be taken as being true and certain, otherwise a woman could make a claim against her former lover in order to take revenge on him! Or she could make claims against rich and famous people and blackmail them, or against her father and brothers so as to escape their guardianship and authority. And these are things that would lead to the collapse of society.

Thirdly:

A woman’s claim to have been forced into zina can only be accepted on the basis of proof or strong circumstantial evidence. If there is no such evidence, then the hadd punishment is to be carried out on her as it is carried out on the zaani (the man who committed fornication or adultery).

Ibn ‘Abd al-Barr (may Allah have mercy on him) said:

She is not to be punished if it is proven that he forced her and overpowered her. That may be known from her having screamed and shouted for help.

Al-Istidhkaar, 7/146

Fourthly:

The presence of the man’s semen on the woman does not prove that rape has taken place. That may have happened with her consent, in which case she is as deserving punishment as he is. It may be that she is claiming that he raped her because of an argument between them, so that he will be punished or in order to blackmail him. So this is not proof that the crime of rape has taken place, nor is it proof that the crime of zina has taken place. It is possible that no real intercourse took place, but the semen entered her vagina or she put it there herself. The possibilities are many and according to sharee‘ah, hadd punishments cannot be imposed on the basis of possibilities; rather it must be on the basis of proof. The results of DNA testing may be mistaken, or samples may be switched or the results may be falsified, so they cannot be taken as shar‘i evidence on the basis of which hadd punishments are carried out.

In the answer to question no. 103410 we quoted a statement from the Islamic Fiqh Council of the Muslim World League on the issue of DNA and ways of benefitting from it, in which it said:

Firstly: there is no shar‘i prohibition on relying on DNA in criminal investigations and regarding it as a means of proving evidence in crimes for which there is no hadd punishment or qisaas (retaliatory punishment) prescribed in Islam, because of the report which says, “Ward off hadd punishments by means of doubts (i.e., do not carry out hadd punishments if there is any doubt).” That is so as to achieve justice and security in society; it leads to the criminal getting the punishment he deserves and proving the innocence of the innocent. This is an important aim of sharee‘ah. End quote.

This statement indicates that the hadd punishment may not be applied to the accused if the evidence that is specified in sharee‘ah in order for the crime to be proven is not available. But there may be strong circumstantial evidence to prove the case against the accused.

In this case the judge may punish the accused with a disciplinary punishment (ta‘zeer) as he sees fit. Then the accused (once he is proven guilty by circumstantial evidence) will not escape punishment.

Even if this criminal is saved from punishment in this world, that is not due to a shortcoming in sharee‘ah. It may be because there is not sufficient evidence or it may be because of shortcomings on the part of the judge or because he is not sufficiently qualified … and so on.

Moreover, there is the punishment of the Hereafter that awaits him if he does not repent from his crime or if Allah does not forgive him.

And Allah knows best.

https://islamqa.info/en/answers/158282/what-is-the-difference-between-the-ruling-on-rape-and-the-ruling-on-fornication-or-adultery-can-rape-be-proven-by-modern-methods

Probably... probably not

JAZAKALLAHU KHARI

Jazakumlahu khairan

You’ll need to be summarizing

Thanks op.. Happy jummat

May Almighty Allah help us all
Amen

Actually the answer is a capital NO.

The Pakistan Muslim Council based in the city of Islamabad actually refused to allow DNA to be used as evidence in rape cases because they claimed it was unislamic, only for them to reverse their position after human rights organisations blasted them for it.

At the end of the day, even Islam has to bow to intelligence wether muslims like it or not.

[img]https://images./4UvCUKiYCax0OI7MwF1Vwm.jpg[/img] [img]https://images./70A4WlnmN2VRX7XXzK31Tr.jpg[/img]

Jazakallahu khairan...Jumma'at Mubarak.
Don't forget to recite suratul khaf to make d most of the day.

jazakumu llahu khairan Abu lukgaf. hope you are the one in ISF

Even the rape case that was proven, what did Muhammad do about it? What happened when a man slept with his wife's slave? A woman he was not married to,

"It was narrated from Salamah bin Muhabbiq that:
the case of a man who had intercourse with the slave woman of his wife was referred to the Messenger of Allah (ﷺ), and he did not stipulate any legal punishment for him"
Sunan Ibn Majah
English reference : Vol. 3, Book 20, Hadith 2552
Arabic reference : Book 20, Hadith 2649

This Your Name Funny IDeyFlogAllah

IDeyFlogAllah:
Actually the answer is a capital NO.

The Pakistan Muslim Council based in the city of Islamabad actually refused to allow DNA to be used as evidence in rape cases because they claimed it was unislamic, only for them to reverse their position after human rights organisations blasted them for it.

At the end of the day, even Islam has to bow to intelligence wether muslims like it or not.

[img]https://images./4UvCUKiYCax0OI7MwF1Vwm.jpg[/img] [img]https://images./70A4WlnmN2VRX7XXzK31Tr.jpg[/img]

A cleric u say, not islam, AlhamduliLlāh.

So Imams no longer understand Islam?

AbdulHakeem44:
A cleric u say, not islam, AlhamduliLlāh.

This is funny coming from a religion that practically glorifies rape

IDeyFlogAllah:
So Imams no longer understand Islam?

Not all imaan speaks with knowledge, if you are a Muslim, you would know better.

MrToothBrush:
This is funny coming from a religion that practically glorifies rape

you shut your mouth saying what you know nothing about before you incur God's wrath. most of y'all confuse individual opinions with what Islam actually teaches. because one Alfa tries to justify rape doesn't mean it is the general belief. is it right to say all pastors are child molesters because some were caught doing so let's be guided please

Codec:
jazakumu llahu khairan Abu lukgaf. hope you are the one in ISF

Lol. Ameen Wa antum fajazakum llahu khaeran sir.

ISF, we are moving...

Even the ones who rely on Sunnah and tafseer?

AbdulHakeem44:
Not all imaan speaks with knowledge, if you are a Muslim, you would know better.

IDeyFlogAllah:
Actually the answer is a capital NO.

The Pakistan Muslim Council based in the city of Islamabad actually refused to allow DNA to be used as evidence in rape cases because they claimed it was unislamic, only for them to reverse their position after human rights organisations blasted them for it.

At the end of the day, even Islam has to bow to intelligence wether muslims like it or not.

[img]https://images./4UvCUKiYCax0OI7MwF1Vwm.jpg[/img] [img]https://images./70A4WlnmN2VRX7XXzK31Tr.jpg[/img]

what will u do if u had a consensual sex a lady, and she later claim that u raped her? Let's try ur intelligence