Proving rape in Islam

TheReligionofPeace.com
Guide to Understanding Islam

What does the
Religion of Peace
Teach About…

How a Woman Must Prove Rape


Question
:
Why are rape victims punished by Islamic courts as adulterers?

Summary Answer
:
Under Islamic law, rape can only be proven if the rapist confesses or if there are four male witnesses.  Women who allege rape, without the benefit of the act having been witnessed by four men who subsequently develop a conscience, are actually confessing to having sex.  If they or the accused happens to be married, then it is considered to be adultery.

The Qur’an:
Sura 2:282 – Establishes that a woman’s testimony is worth only half that of a man’s in court (there is no “he said/she said” gridlock in Islam).

Sura (24:4)“And those who accuse free women then do not bring four witnesses (to adultery), flog them…”

Sura (24:13)“Why did they not bring four witnesses of it? But as they have not brought witnesses they are liars before Allah.”


From the Hadith:

Bukhari (5:59:462) – The background for the Qur’anic requirement of four witnesses to adultery.  Muhammad’s favorite wife, Aisha, was accused of cheating [on her polygamous husband].  Three witnesses corroborated the event, but Muhammad did not want to believe it, and so established the arbitrary rule that four witnesses are required.


Additional Notes:

Rape is virtually impossible to prove under Islamic law (Sharia) and even in more moderate countries.  If the man claims that the act was consensual sex, there is very little that the woman can do to refute this.  Islam places the burden of avoiding sexual encounters of any sort on the woman.

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