So does this mean a rape victim might be convicted and punished for Zina?

Question

Suppose the man testifies that it was consensual but the rape victim claims it was rape and there's no evidence to prove that the intercourse was consensual or forceful, since a man's testimony is worth twice that of a woman's, will the judge accept the man's claim and sentence the rape victim to lashes??

Answer 1

Thank God I'm not a Muslim and live in the civilised West. My heart goes out to Muslim women who are treated so poorly by their own people, religion and culture. I hope that some day they learn to be respectful and peaceful and treat their fairer members with the care and consideration they deserve.

Answer 2

in some cases, the judge of the high court will tell the rape victim that he/she should have not been at that place anyways, and then they get punished.

if the raped person appeals, the court looks into it, and either gives him/her more punishment, or completely lifts the punishment.

Answer 3

the judge would look at the evidence before making a decision.

was she seen willingly walking to a hotel with him?

what is her character ie does she pray, wear higab, does she flirt?

and witnesses! for zina there must be witnesses.

the law in my country says that if a man even gropes me on the metro he goes to jail for 6 months!

Answer 4

A muslim man's word will always be taken in preference to a muslim woman.

Answer 5

It does not matter what either side claims, they will be punished equally.

Remember to actually convict someone of Zina, there needs to be four witnesses who saw penetration occur. In other words that the female and the male private parts meet. It is not enough for them to see them in a bed together they have to see this. Also the witnesses need to be upright if they are not then the case can be thrown out altoghter and the witnesses punished for lying.

What else do you want to know?

Answer 6

Zina requires four witnesses agreeing on time, place and position . If any one of them differ on any of the three pre-requisite Islamic punishment of lashes or stoning to death can not be passed on the accused person. In Holy prophet time only one such case came up of Ghamid and hamidya and it was by self confession. holy prophet is said to turned away three times when such confession was made. On fourth time when the woman didnt relent he passed the judgement of stonning. He was in tears , predicted their atonement and led their funeral prayers

Answer 7

Watch the video brother, hope you'll get your answer!

There are the other parts of this video so I don't think only one part of it will be clear to you.

Answer 8

If mans testies are two, then if judge is muslim man, then he will know having his own two testie is better than one of woman. So will make sure man wins the case.

Answer 9

here are a few hadiths that should clear this up.

The prophet saw said:

“The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”

---the victim does not need to defend herself by providing witnesses.

He saw said:

“Allah (T) has pardoned my people for the acts they do by mistake, due to forgetfulness and what they are coerced into doing.”

---she is not "guilty" of anything.

“Narrated Wa’il ibn Hujr: “When a woman went out in the time of the Prophet (P) for prayer, a man attacked her and overpowered [raped] her. She shouted and he went off, and when a man came by, she said: That [man] did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her.

She said: Yes, this is he. Then they brought him to the Apostle of Allah (P).

When he [the Prophet] was about to pass sentence, the man who [actually] had assaulted her stood up and said: Apostle of Allah, I am the man who did it to her.

He [the Prophet] said to her: Go away, for Allah has forgiven you. But he told the man some good words [Abu Dawud said: "meaning the man who was seized"], and of the man who had had intercourse with her, he said: “Stone him to death.“

---doesn't look like he got away with anything since her word was taken over his.

Answer 10

what safiy has written is probably right, but the laws are written to favor the man.  this situation is so terrible, It breaks my heart! I thought the koran protects the women, and sharia nations take it away.

Answer 11

This makes me sad.

Answer 12

Zina needs witnesses other that one the two(or more) who committed it

You hate towards Islam destroyed your brain!

Answer 13

only in financial testimony,it is twice,otherwise its NOT.

this is primarily a sunni concept,perhaps a sunni could explain according to his own statute book called Book of Hadith