Question about rape

Am just watching a news report about the state of women in various Asian countries...including a poor girl from Bangladesh (?) who was kidnapped and gang raped for 37 days, then was raped again by the police when she was "rescued".

My question is: how does a woman who is raped, for example, go to authorities to report the crime if she doesn't have (or can't get) 4 witnesses to confirm the crime? Apparently, women who manage to be strong enough to try to report rapes often get thrown in jail for adultery because she can't produce 4 witnesses to confirm her story.

Kim...

Dear Kim,

I think the forum members a little bit uncomfortable to talk about shariah (islamic law), people/other member may said that "John Doe doesn't have enough knowledge about QURAN AND HADITH (prophet's tradition) but challenging the shariah".

Just my humble opinion (note: I am not good in quran & hadith too), because adultery is very serious 'crime' in islam, so it requires very strong evidence to judge it. 4 witnesses and conviction were the only acceptable evidences on that time.

Rape it is very difficult case to proof it, even in 'modern' law. However in the quran there is an 'example' regarding rape. In surah yusuf/Joseph (chapter 12):

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12:22 When Joseph attained His full manhood, We gave him power and knowledge: thus do We reward those who do right.

12:23 But she in whose house he was, sought to seduce him from his (true) self: she fastened the doors, and said: "Now come, thou (dear one)!" He said: "(Allah) forbid! truly (thy husband) is my lord! he made my sojourn agreeable! truly to no good come those who do wrong!"

12:24 And (with passion) did she desire him, and he would have desired her, but that he saw the evidence of his Lord: thus (did We order) that We might turn away from him (all) evil and shameful deeds: for he was one of Our servants, sincere and purified.

12:25 So they both raced each other to the door, and she tore his shirt from the back: they both found her lord near the door. She said: "What is the (fitting) punishment for one who formed an evil design against thy wife, but prison or a grievous chastisement?"

12:26 He said: "It was she that sought to seduce me - from my (true) self." And one of her household saw (this) and bore witness, (thus):- "If it be that his shirt is rent from the front, then is her tale true, and he is a liar!

12:27 "But if it be that his shirt is torn from the back, then is she the liar, and he is telling the truth!"

12:28 So when he saw his shirt,- that it was torn at the back,- (her husband) said: "Behold! It is a snare of you women! truly, mighty is your snare!

12:29 "O Joseph, pass this over! (O wife), ask forgiveness for thy sin, for truly thou hast been at fault!"
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So in this modern day I think 4 witnesses is not the only tool that can be used to proof adultery, dna test and any other modern technology also can be used.

However, again rape is the most difficult case, because there is no scientific tools (at least that I know of) to differentiate between 'making love' by force or not. You can see Tyson's case, Cobe Bryan's case, etc took forever to finalize it.

Kim,

I am not a qualified to provide you with scholastic answer to your question, but in my opnion i would try not to confuse rape and adultery. The latter can take place without force and on mutual agreement, whereas rape is not without force and therefore, more often, should present itself with some evidence. Brother Semar has given some indications from the example of Yusuf (May Allaah be pleased with him).

Hence, in case of rape, the ruling might vary from adultery, as to necessity of sourcing out 4 witnesses. It could be classified as offense equal to torture, humiliation, violation of one's dignity, severe physical abuse or even, and most likely, murder.

From the example that you have pointed it should be clear that it is not Shariah that is at fault or flaw it is people and their ignorance in following it rightly... It is convenience, liberalism and distorted meaning of 'progress' that they try to implement.

What happens in  countries that are known as Muslim is not always reflection of Islaamic teachings. There is no ground whatsoever for the King of Saudi Arabia to remain in his position as the leader of the country if we were to look at Shariah. The leader who can barely take care of himself, and help himslef in his personal daily needs without assistance can't be the ruler, can he.

If Shariah is not practiced at a fundumental level in the country that is known to be 'hardcore' Islamic country how can you expect it to be implemented properly in countries with strong cultural and at times un-Islaamic influences.

It is not the Shariah that should be questioned but whether it is implemented without being intentionally concealed or twisted.

Yes, but if a woman first goes to the police, instead of hospital, they might throw her in jail for adultery because they don't care about her or care to take her seriously or care to go looking for the men who did it.

This happens!

http://news.webindia123.com/news/showdetails.asp?id=80352&am p;cat=Asia

And I am not confusing rape and adultery - but apparently many people do! 

Kim...