witnesses in rape cases

Started by HOPE, September 12, 2013, 12:36:21 AM

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HOPE

"Hope is like a bird that senses the dawn and carefully starts to sing while it is still dark"

Sardar Miyan

On what grounds the four witnesses  are required to testify? Do they have  to see them in act of adultery or Zina? Or what kind of act they have to see or witness.
May entire creation be filled with Peace & Joy & Love & Light

Sardar Miyan

How can the commission of Zina seen by Four witness when usually is done in the night & /or inside some nook & corner. Presumably one can see but not four. It can be proved by circumstantial evidence but not an eye witness. Wallahualam
May entire creation be filled with Peace & Joy & Love & Light

Ismail

Salaam.

Those who commit zina are not under divine guidance. Their consciousness is not clear enough for them to be able take meticulous, fool proof precautions.   

For, Allah's guidance alone is real guidance. 6:71, etc.

Satan only intends to cheat by his promises and assurances to the sinners.. 4:120, 17:64.

Allah's guidance in this world is likened to the historic episode of the fugitive youth whom Allah guided in their great escapade.  How they were divinely directed towards quite an ideal hiding place. 18:17.

As for Allah not guiding the wicked, we have an example in the person who in his royal arrogance, vehemently argued with Prophet Abraham, but the Prophet easily outwitted him. 2:258.

So also, the righteous ones who make meticulous plans and firm footedly strive to fulfill the formal requirements of t he shari'a to prosecute the perpetrators of heinous crimes do succeed, sooner
than later.

Regards,
A. Ismail Sait.

Sardar Miyan

There is no need for a witness for Rape only in case of Zina four witness are required. For rape  following Ayah is applicable as it is Fasad in eart. Pleas read the translation of Ayahيُحَارِبُونَ اللَّهَ وَرَسُولَهُ

وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَن يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَافٍ أَوْ يُنفَوْا مِنَ الْأَرْضِ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ

5:33
The punishment of those who wage war against Allah and His apostle and strive to make mischief in the land is only this, that they should be murdered or crucified or their hands and their feet should be cut off on opposite sides or they should be imprisoned; this shall be as a disgrace for them in this world, and in the hereafter they shall have a grievous chastisement.
May entire creation be filled with Peace & Joy & Love & Light

HOPE

Peace brother Sardar,

Good to know.  I hope you are correct because I was told that sex outside of marriage is considered zina whether the parties involved are married or single.  Rape is not about sex as I see it.  One is attacked and forced to submit without consent and the driving force for the rapist is to prove his power, authority or adequacy.  It is a psychological disease of the soul.

"Hope is like a bird that senses the dawn and carefully starts to sing while it is still dark"

Ismail

Salaam.

Is there a well defined synonym in Qur'an for the English word rape?

English dictionaries are not convincing about its meaning.

Purportedly forced sex with ones wife is also considered rape in America.

I have heard that consensual sex outside marriage is not considered unlawful in many countries.

Regards,
A. Ismail Sait.

HOPE


RAPE

1. the unlawful compelling of a person through physical force or duress to have sexual intercourse.
2. any act of sexual intercourse that is forced upon a person.
3. statutory rape.
4. an act of plunder, violent seizure, or abuse; despoliation; violation: the rape of the countryside.
5. Archaic. the act of seizing and carrying off by force.
6. to force to have sexual intercourse.
7. to plunder (a place); despoil.
8. to seize, take, or carry off by force.

so the key word here is CONSENT.  Think about a scenario where a wife cooks the dinner and for whatever reason the husband does not enjoy the meal and refuses to eat.  The wife forces the man to open his mouth and shove the food down his mouth.  How would he feel?
"Hope is like a bird that senses the dawn and carefully starts to sing while it is still dark"

Sardar Miyan

Any act of a person on another person without his or her consent is act of violence and in case of forced sex it is Rape punishable with death as per Quran as it is Fasad in earth. Ulema say that without using this particular word Allah said in so many words
May entire creation be filled with Peace & Joy & Love & Light

Ismail

Salaam.

Controversies regarding the English word "rape" notwithstanding, let us see how Qur'an guides us as to how to handle a case wherein a woman alleges that she was forced into sexual intercourse with and by a person not her husband.

Help! O God!

Because this is one of the global hot topics of the day, we are all the more duty bound to delve into this subject in right earnest and seek a convincing solution.

Help! Allah!

Regards,
A. Ismail Sait.


Sardar Miyan

Asslam Pl tell us how Quran guides us in the matter of Rape?We want to hear from you. There appears to be any such word as  Rape appearing in Quran. Can you help us in this regard?
May entire creation be filled with Peace & Joy & Love & Light