Fatwa #590314 June 2002United Arab Emirates
Why is rape victim expected to produce atleast 4 witnesses in order to have her rapist convicted? Why is she accused of adultery incase she cant and given a punishment of stoning to death?
Question
Assalamualaikum, you may have come across the news item in the paper in which a married woman who was raped by her husbands brother (at that time her husband was in jail) in Pakistan. Her inlaws refused to believe her and accused her of commiting adultery with a totally different person (that way getting back at her and some enemy of theirs)and got her arrested. She was convicted of adultery by the court and sentenced to be stoned to death. A lot of women and general public protested this and finally she was released. Her husband believes her and accepts the child (which came as a result of the rape incident) as his. All of this happened only becos the lady couldnt produce 4 witnesses to prove rape (said to be according to Islam). Isnt this expecting too much of a woman who already has to live with the shame of being raped? Please tell me if this is the case in Islam?? Thanking you, Jazakallah Khair.
Answer
Respected Sister-in-Islam%0D%0A%0D%0AKindly find below our standard response to a similar query.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai%0D%0AFATWA DEPT.%0D%0A%0D%0AAccording to the Islamic law, Hadd is defined as a specific punishment for%0D%0Acommitting a specific crime which is the right of God and human beings.%0D%0A(Hidaaya vol.2 pg.506; Ilmiyyah)%0D%0A%0D%0AIslam propagates respecting life, wealth and honour. The Prophet Muhammad%0D%0A(may the peace and blessings be upon him) declared in his farewell%0D%0Apilgrimage, 'Behold, Verily your blood, your wealth and your honour is%0D%0Asanctified like the sanctity of this day (the tenth of Dhul-Hijjah - last%0D%0Amonth of the lunar calendar when Muslims perform Hajj and sacrifice%0D%0Aanimals), this month (Dhul-Hijjah) and this city (Makkah).' (Bukhari vol.1%0D%0Apg.234; Qadeemi) All three are sanctified by a believer.%0D%0A%0D%0AThe purpose of punishments is to deter criminals from committing crimes that%0D%0Awill effect the safety of one's life, wealth and honour. The punishment of%0D%0Acutting the hands for theft is a means of protecting one's wealth. The%0D%0Apunishment of lashing a person for false accusations is a means of%0D%0Aprotecting one's integrity. Similarly, the punishment of stoning a married%0D%0Aperson to death for committing adultery is a means of protection from all%0D%0Athe evils that emanate from the evil of adultery which leads to breaking of%0D%0Afamilies, abortion, illegitimate children, etc. Each one of these evils have%0D%0Abecome an unbearable burden even to the first world countries.%0D%0A%0D%0ATHE PUNISHMENT FOR ADULTERY IN ISLAM%0D%0AThe punishment for adultery has two categories: Adultery committed by an%0D%0Aunmarried person or a married person. This distinction becomes necessary%0D%0Abecause the punishment varies for both. Punishment of adultery for an%0D%0Aunmarried person is 100 strokes of lashes. (Qur'aan - Chapter 24 verse 2)%0D%0APunishment of adultery for a married person is stoning to death, if he%2Fshe%0D%0Ais; a) A free person (not a slave), b) Sane, c) Physically mature, d)%0D%0AMuslim, e) Married, f) Had intimacy with his spouse. (Hidaaya vol.2 pg.507;%0D%0AIlmiyyah) This punishment was unanimously upheld by all the Islamic Jurists%0D%0Abased on the order and practice by Prophet Muhammad (may peace be upon him).%0D%0A%0D%0AThe crime must be proven beyond the shadow of doubt as the Prophet Muhammad%0D%0A(Sallallaahu Alayhi Wasallam) is understood to have stated, 'Hudood will%0D%0Afall off due to doubts.' (Tirmidhi vol.1 pg.268; HM Saeed)%0D%0A%0D%0AThe laws of evidence in Islamic law are strict. If the witnesses are not%0D%0Ahonourable as stipulated in Islamic law or there is any inconsistency in any%0D%0Aone of the witnesses statements, the accused will not be convicted. In fact,%0D%0Athe witnesses will be punished for making a false allegation. (Shaami vol.4%0D%0Apg.8; HM Saeed). If the Qaadhi (presiding Muslim judge) is satisfied that%0D%0Athe allegation is true and proven beyond the shadow of doubt will he issue%0D%0Athe decree of punishment for adultery.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AMufti Ebrahim Desai, Camperdown