Here is the problem with the rape/adultery law:
If a woman is raped, to get redress, she needs to identify and accuse her rapist. So now the woman has admitted she had sex (forcibly, against her will). But the rapist, like rapists all over the world, is going to deny it, or he's going to say she consented to it, or he claims he doesn't even know her. So she's now admitted she had sex, but unless she can provide 4 witnesses to the fact that it was rape, or the rapist admits it (unlikely), this rape is going to appear under the law to be consensual sex. And then, because this was supposedly "consensual" sex outside of marriage, both the victim and the rapist (unless he just denies it) are subject to 100 lashes. Given these laws, why would a woman accuse her rapist, unless she has 4 witnesses? Without the 4 witnesses, she's admitted to having sex outside marriage, so she gets 100 lashes. |
If what PP is saying is true I'm surprised people haven't taken justice into their own hands by doing something to the rapist. |
She needs to show proof of force, but a rape kit and exam, and things like bruising, are evidence it was not consensual. She does not need 4 witnesses to prove this. |
This sounds like progressive policy of a middle east government - could I ask where? |
Is this from an "islamic" government? I'm pretty sure the quran doesn't mention rape kits. But if this is from an "islamic" government, and not just a secular government doing its own thing, that's pretty good. |
What if she is raped while incapacitated? |
From Hadith, she needs one piece of evidence. I mentioned rape kits because that's what we have today. |
But in practice, don't many countries rely on the Quranic rules about consensual/nonconsensual sex, because these have scriptural authority? Whereas hadith are not always accepted as authoritative, as some PP above already mentioned.
The 4 witnesses thing, which comes from the Quran, is how it plays out in many countries today. Pakistan is an example that comes to mind. |
There is a whole system for interpreting Islamic law. In Sunni Islam, it's based on the Qu'ran and the Sunnah, and these two together have been interpreted by four major schools of law. Hanbali, Hanafi, Shafi, and Malaki. Shites are similar but there is only one major madhab (school of law) I'm familiar with. Jafaari. With respect to Hadith, there are strict standards for interpretation. Some are strong with a direct chain of narrators. Some are weak with little evidence. So you can't just quote a Hadith you find on the Internet and take it as some sort of truth about Islam. I can't speak for all Islamic states, but ones such as Egypt have based their legal code on the predominant madhab they follow. In their case, Hanafi. Saudi Arabia follow Hanbali. Hanbali madhab is very strict. Shiites rely much more on ijtihad, or reasoning. So maybe that's what you are referring to? Many fatwas are issued by Shiite religious leaders. I have no knowledge of Pakistani laws, so I don't know their basis or application. |
OP here: Well, we don't know. As I said we are relying on hearsay from hundreds of years ago. But the same holds true for a Prophet of any religion. How do we know Jesus performed miracles? How do we know Moses parted the sea? How do we know Jesus was the savior? Religions are based on belief and actually blind belief, which is what faith is all about. If you choose to believe that Muhammad was lustful and consummated marriages with nine year olds because of his lust, so be it. That's your prerogative to believe that. As I mentioned, my grandmother married at 14 and this is was not unusual at all for her time. She died by the way at the age of 94 just last year. So we're talking about what life was like for girls 80 years ago in rural parts of Muslim countries. |
OP here: I haven't checked this link (I will later, just don't have time right now). Honestly I wished that 'cleric' lived here in the U.S. so that he could be jailed for inciting imminent violence. This is Muslims' fundamental problem - we rely too heavily on the interpretation of rigid clerics and a poor translation of our holy book, the Quran. Much of the Quran is read out of context, and instead read literally, and interpreted by uneducated or ignorant individuals. They are not worldly. They have little or no interaction with society outside of their rural upbringing or Muslim societies. DH and I don't follow clerics from other countries. In fact, no Muslim should follow the word of these clerics. Jesus has been mocked in cartoons, and so has Muhammad. People who are publishing these are nonMuslim. How on earth can any Muslim impose Muslim rules and Muslim laws on nonMuslims and then feel they have the right to kill them for it? Again, outright ignorance. |
OP here: You must be the Muslim that stated it is impermissible for men and women to shake hands. Are you Muslim? First of all, I honestly couldn't care less which freakin' madhab says what. The Quran takes precedence in importance and reliability over any madhab ruling and it is complete and provides the final say in all matters. The Quran does not prohibit any man or woman from shaking hands. It requires modesty and that's it. How on earth do Muslims stretch modesty to include forbidding shaking hands? For God's sake, we Muslims need to chill. This is total ignorance. Shaking hands isn't going to cause any man or woman to have sexual desires to bed that other person and if it does, that man or woman needs therapy, not extreme restrictions imposed on them. Moreover, there are millions of Muslims that work in non Muslim countries and are reaping the benefits of working in nonMuslim countries but wearing 'western' attire and shaking hands with people of the opposite sex in order to continue reaping these benefits. If you don't like it, the best thing to do is to go back to a strict Muslim country where such strict rules are imposed and followed. But the U.S. is not the place for Muslims who believe in such things. Our culture here is just not conducive to practicing such a strict interpretation of Islam. |
No, a woman who alleges rape can not and should not be charged with adultery. I'm not saying this is not happening in some Muslim countries. I agree that the interpretation of laws is not often times in favor of women. This needs to change. Their societies are patriarchal and oppressive to women. But Islam was never meant to be. No where in the Quran will you ever find it saying that a woman who alleges rape should then be charged with adultery if she can't produce four witnesses. In the U.S., a woman who alleges rape need not produce four witnesses to bring the charge. However, how would she prove rape? She would have to prove it somehow in order to convict the rapist. It's only recently that we use DNA evidence. Prior to that the courts relied on physical evidence, placing the rapist and victim at the same time and place, character evidence, etc... |
OP here: The Quran is deemed to be the literal word of God as conveyed to Muhammad. Muhammad was an illiterate. The Quran's text is so poetic and clearly such a sophisticated Arabic that Muslims believe it could not have come from Muhammad himself. |
Here's the thing. I agree with you in a lot of ways about how Islam can and should be practiced in accordance with the prevailing culture. But I do take issue with your calling millions of Muslims ignorant when they are following their school of law. It's like telling Christians they are ignorant in following the Nicene Creed. You could be a little more respectful in your answers and still get your point across. |