How is a case of rape proven under Islamic law without four witnesses?

I think your answer is in the following passage of the Quran.

Note, what is the instruction in the absence of 4 witnesses.

Also note that in today's technology, witnesses may not be required. There may be other evidences that may prove i.e. videos etc.

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24:6

As for those who accuse their own spouses, without any other witnesses, then the testimony may be accepted if he swears by GOD four times that he is telling the truth.

24:7

Khalifa

The fifth oath shall be to incur GOD's condemnation upon him, if he was lying.

24:8

Khalifa

She shall be considered innocent if she swears by GOD four times that he is a liar.

24:9

Khalifa

The fifth oath shall incur GOD's wrath upon her if he was telling the truth.

24:10

Khalifa

This is GOD's grace and mercy towards you. GOD is Redeemer, Most Wise.

24:11

Khalifa

A gang among you produced a big lie. Do not think that it was bad for you; instead, it was good for you. Meanwhile, each one of them has earned his share of the guilt. As for the one who initiated the whole incident, he has incurred a terrible retribution.

24:12

Khalifa

When you heard it, the believing men and the believing women should have had better thoughts about themselves, and should have said, "This is obviously a big lie."

24:13

Khalifa

Only if they produced four witnesses (you may believe them). If they fail to produce the witnesses, then they are, according to GOD, liars.

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Edit:

MBC:

There is also a possibility that a woman is FALSELY accusing a person for rape. And you cannot punish a person for a false accusation. Therefore in the absence of a valid proof, this would be the only way.

secondly don't underestimate the punishment of Allah.

Edit:

By the way, Rape is a different crime to Adultery. Whatever the method of proving it. Its punishment has to be MORE than adultery.

Edit :

MBC; I do NOT agree that the punishment of adultery is "death by stoning". Instead it is 100 lashes and social denunciation by believers.

Regarding the evidence, I think the same rules will apply.

1- Either a solid evidence OR in the absence of it,

2- four witnesses. OR in the absence of witnesses,

3- THE four Oaths.

4- If both parties do it, then obviously ONE is a liar. Of course you don't know WHICH one is. In that case it is to be left to ALLAH to decide by punishing the liar. As he has ALREADY sent a green signal to the expedition of his wrath !!!. Then we are NOT to judge.

Edit:

With regards to all the punishments you are stating. First I would reject ALL of them as I don't think ANYTHING can abrogate the Quran. The Quran says 100 lashes for adultery then it is 100 lashes. NOT death by stoning etc. etc.

2- With regards to the evidence. I believe it is "What is considered as a proof, under the current Technology". Take the case of Yusuf. His mistress accused him of rape. And using the current technology of those times, they found out that Yusuf was innocent.

However, I believe, even with the MOST advanced means of evidences and proofs. There would still be methods to manipulate the system and fool the current technology. In that case, the final solution is stated as already told to you i.e. the 4 oaths.

1) I consider Sharia Law to be made by extremists. I don't agree with it at all. 2) Those Muslims have that idea because of their culture. Culture and religion are two different things. There are many people in America who think the same thing, that a woman is raped because she "was asking for it" by dressing provocatively. Rape is wrong, no matter how the woman dresses. 3) Sharia Law is unacceptable. It should not be used. 4) Niqab is not required. Some disagree on whether or not hijab is required. Some interpret the verse that seems to suggest so differently. I don't think hijab is required but women and men should always dress modestly. 5) Based on what I've heard from other Muslims, men should wear things that don't show their whole arm and their shorts should be long, past their knee. It is also considered to be extra modest of men if they wear long, baggy pants, a long shirt that reaches their knees with long sleeves, and a hat that looks exactly like the religious caps worn in Judaism. 6) Those are some Muslims and they don't reflect all Muslims. Nowhere in the Quran does it say that women should not wear pants. It's not imitating men if women wear pants. 7) Yes. It's recommended that all Muslims seek as much knowledge about everything as possible. Education is valued by many Muslims. Whether or not women have these rights depends on the country but this is not a reflection on the religion. Also, women and men are going to interact with each other whether they mean to or not. Being Muslim does not mean that we should avoid each other. It's mainly those who are on the extremer side that believe that the two should be segregated. Just because a country is mostly populated by Muslims does not mean that everything is in exact accordance to Islam. 8) See my answer for 7. 9) See answer in 7. 10) I'm not sure. I don't know anything about Pakistan. Inshallah, things will get better there. :(

Today most Muslim countries convict a rapist on frensic proofs. Shariah Laws are enforced only in few countries like Saudi Arabia, Sudan and may be Malaysia.

Shariah Laws were formed for the period centuries ago to protect those who could be falsely accused because punishment of death was rape and an innocent person could be killed. For this reason Allah put requirement of four eye witnesses. Two women can be easily be forced to accuse an innocent person by the master of women or strong husbabd or the chief of a tribe.

Thjose Muslim countries that have good enough scienfitic Forensic labs today can accept and convict without a rapists on the forensic proof (find seaman of accused on the dress of victim). In such cases law may void necessity of four eye witnesses. . I am sure slowly methods of collecting proofs will change but Islamic punishment of death for rapist will not changed if it is proven by forensic methods that the crime was committed by a person on a certain female.

You do not need four witnesses in rape always.

Depending on the school of Islamic law, it can be tried under the "spreading mischief in the land" laws (Fasaad fi al-ardh) in which the only witness that is necessary is the female. This is because rape affects a woman and her entire family as well as the community at large because it puts fear into the hearts of women.

A man can also be tried as a theif since he stole something from the woman; again, four witnesses are not needed in this case.

Even if the case cannot be proven using four witnesses, most times if there is other evidence, the man can be found guilty of a lesser crime and punished as such.

Nothing happens to the accuser even if he is found not guilty. Islamic law recognizes that the burden of proof cannot always be met.

IT SHOULD BE NOTED that if the accused rapist is married and not to the woman he alledgedly raped, then his punishment is under HADD crimes, as he also committed zina.

Don't confuse adultery with rape.

4 witnesses r required in the case of adultery. And nowdays, we check out medical evidence. It can do. In those situations where it is impossible to provide medical evidence, we need 4 witnesses. They must be questioned separately in order to make sure they haven't conspired together. In case their accounts don't tally, and they have a conspiracy, they r flogged, and banned from ever giving any testimonials.

In the case of a rape, the woman's testimony+all the evidence has to be taken into account. This is proven by the story of Yusuf A.S (Joseph) in the Quran.

Try not to create ur own false image of Islam. Don't make statements without knowledge. Our Prophet Muammad (P.B.U.H) punished the entire tribe of Jews since one of them sexually harrased a Muslim woman, and they shielded him.

We Muslims don't take this as a light, ordinary crime.

Most of the Muslim countries have their own laws nowdays. And even those who have the Islamic laws follow it partially. So they r not to be taken as an example.

Rape not only constitutes illegal sex and abuse of an individual, it is classified under the title of terrorism. It's not adultery.

Last of all, a false accuser in serious criminal cases is punished by flogging .

It is like this, if there are four witnesses then the rapist will be punished even if he didn't admit his crime and without doing any further investigation,

but if there is no witnesses, then the normal investigation will be applied like any crime, like murder or robbery crimes, if the forensic police find him guilty then he will be punished,

And now if the accused man denied and there are no witnesses and there is no enough evidence to charge him with this crime, then the girl will be punished by one hundred lashes.

I think you are confusing rape with adultery. Four witnesses are required in case of adultery (sin with the consent of both). In case of rape, the proceedings would be different. Even woman's statement followed by DNA test could be an enough evidence to punish the accused. Nevertheless, I think religious scholars would be the right people to comment upon the issue.

I watched Charlie Wilson's War last night, and one of the American Senators was talking about how a blind woman was raped, but she couldn't prove it because there obviously weren't 4 witnesses.......it gets worse: SHE was thrown in jail for "fornication."

Of course, that story might be fiction, but the movie is based on actual events; so I wouldn't deny the possibility that it's true.

you don't need four witnesses to prove rape. the "four witnesses" mentioned in the Qur'an are needed by the accuser that a certain woman committed adultery or fornication.

"And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors." Qur'an [024:004]

how many rapists rape in front of people?

what if only 1 person saw the rape?

i know in america a woman says she was raped she is then sent to a doctor while p;olice arrest the man accused the doctor has a thing called a rape kit and if the evidnce suggests she was raped then thru DNA evidence and testimony of the wman the man is then jailed