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Punishment for adultery... (Read 12513 times)
freediver
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treatment of rape victims
Reply #15 - Oct 31st, 2008 at 2:30pm
 
Yadda wrote on Oct 31st, 2008 at 2:24pm:
abu_rashid wrote on Oct 31st, 2008 at 2:11pm:
One of the first requirements is that there must be at least 4 eye witnesses to the actual act.



Yep, this is correct abu.

There must be at least 4 male eye witnesses to these crimes.



When a woman is being raped too, at least 4 male eye witnesses are required [by the victim].


For her appearance before a Sharia court [as an accused], 4 male eye witnesses are required, to confirm that she was not just having a 'good time', and was in fact being RAPED.


15 September 2006
Pakistan's rape reform woes

Pakistan's government has put a controversial women's rights bill on hold, throwing into turmoil efforts to reform hardline Islamic laws on rape.
In Pakistan, rape is dealt with under Islamic laws known as the Hudood Ordinances. These criminalise all sex outside marriage.
So, under Hudood, if a rape victim fails to present four male witnesses to the crime, she herself could face punishment.
This has made it almost impossible to prosecute rape cases.

http://news.bbc.co.uk/2/hi/south_asia/5346968.stm


Google,
hudood laws
http://www.google.com.au/search?hl=en&q=hudood+laws&btnG=Google+Search&meta=




Is this an accurate reflection of Islamic law?

What if the witnesses are 4 male Dhimmis and the perp is a Muslim?
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Re: treatment of rape victims
Reply #16 - Oct 31st, 2008 at 2:36pm
 

however would there be 4 male eyewitnesses to a rape what would testify ??

they would either be normal blokes, and beat the offender up, so there is not crime.
Or they'ld be creeps and watch or take part. Inwhich case they would not testify.

no point in ever reporting a rape, there is no way it will ever be prosecuted.
Open season on women, who are only worth 1/2 a man anyway, according to the koran.

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Re: treatment of rape victims
Reply #17 - Oct 31st, 2008 at 2:39pm
 
freediver wrote on Oct 31st, 2008 at 2:30pm:
Is this an accurate reflection of Islamic law?

What if the witnesses are 4 male Dhimmis and the perp is a Muslim?




There is some guidenace here FD.....


The Witness of Zimmis
Zimmis cannot testify against Muslims. They can only testify against other Zimmis or Musta'min. Their oaths are not considered valid in an Islamic court. According to the Shari`a, a Zimmi is not even qualified to be under oath. Muraghi states bluntly, "The testimony of a Zimmi is not accepted because Allah - may He be exalted - said: `God will not let the infidels (kafir) have an upper hand over the believers'."
http://www.answering-islam.de/Main/NonMuslims/rights.htm



".......Their oaths are not considered valid in an Islamic court."


Believers are innocent.

Unbelievers are guilty ppl.

How can the word [witness] of a guilty person be allowed to convict a muslim!!!!
spit! spit!

/sarc off





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"....And he said unto him, If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead."
Luke 16:31
 
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freediver
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Re: treatment of rape victims
Reply #18 - Oct 31st, 2008 at 2:41pm
 
Oh. I thought the testimony of Dhimmis was merely inferior, rather than totally worthless.
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Re: treatment of rape victims
Reply #19 - Oct 31st, 2008 at 2:43pm
 

So, if a muslim guy rapes a infidel ................

NO WAY is he in trouble.
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Re: treatment of rape victims
Reply #20 - Oct 31st, 2008 at 2:51pm
 
Yadda wrote on Oct 31st, 2008 at 2:39pm:
freediver wrote on Oct 31st, 2008 at 2:30pm:
Is this an accurate reflection of Islamic law?

What if the witnesses are 4 male Dhimmis and the perp is a Muslim?




There is some guidenace here FD.....


The Witness of Zimmis
Zimmis cannot testify against Muslims. They can only testify against other Zimmis or Musta'min. Their oaths are not considered valid in an Islamic court. According to the Shari`a, a Zimmi is not even qualified to be under oath. Muraghi states bluntly, "The testimony of a Zimmi is not accepted because Allah - may He be exalted - said: `God will not let the infidels (kafir) have an upper hand over the believers'."
http://www.answering-islam.de/Main/NonMuslims/rights.htm



".......Their oaths are not considered valid in an Islamic court."


Believers are innocent.

Unbelievers are guilty ppl.

How can the word [witness] of a guilty person be allowed to convict a muslim!!!!
spit! spit!

/sarc off







If this is correct. IF! Then even the slightest consideration or support I may have had for Sharia Law courts in Australia is completely evaporated.
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Re: treatment of rape victims
Reply #21 - Oct 31st, 2008 at 2:53pm
 
What is a Musta'min?
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Re: treatment of rape victims
Reply #22 - Oct 31st, 2008 at 2:57pm
 
Sprintcyclist wrote on Oct 31st, 2008 at 2:43pm:
So, if a muslim guy rapes a infidel ................

NO WAY is he in trouble.






sprint,

According to this guy, Abul Kasem, that is correct....


Quote:
The ‘Meat’ Imam and the Qur’an
by Abul Kasem
08 November, 2006
........A Muslim man commits rape if and only if he has sex with a Muslim woman out of wedlock. Having forced sex with an infidel woman does not at all constitute rape, Islamically speaking.

http://islam-watch.org/AbulKasem/MeatImam.htm



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"....And he said unto him, If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead."
Luke 16:31
 
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Re: treatment of rape victims
Reply #23 - Oct 31st, 2008 at 3:02pm
 
The answers to questions about concubines dried up very quickly. Perhaps that is why. Your right hand may posses a Dhimmi's wife, but not another Muslim woman.
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Re: treatment of rape victims
Reply #24 - Oct 31st, 2008 at 3:03pm
 
locutius wrote on Oct 31st, 2008 at 2:51pm:
If this is correct. IF! Then even the slightest consideration or support I may have had for Sharia Law courts in Australia is completely evaporated.






But, but, but, locutius!!!

Sharia are Allah's just laws.

......surely you understand that only the 'guilty' are convicted in Sharia courts!!
/sarc off

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"....And he said unto him, If they hear not Moses and the prophets, neither will they be persuaded, though one rose from the dead."
Luke 16:31
 
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Re: treatment of rape victims
Reply #25 - Oct 31st, 2008 at 3:27pm
 


Quote:
Until now rape cases were dealt with in Sharia courts. Victims had to have four male witnesses to the crime - if not they faced prosecution for adultery.


http://news.bbc.co.uk/2/hi/south_asia/6148590.stm
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Re: Punishment for adultery...
Reply #26 - Oct 31st, 2008 at 3:34pm
 
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.


In the Name of Allah, Most Gracious, Most Merciful.



All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.



Dear brother in Islam, thanks a lot for your question which reflects your care to have a clear view of the teachings of Islam. Allah commands Muslims to refer to people of knowledge to get themselves well-acquainted with the teachings of Islam as well as all aspects of life.

In Islam, we are not allowed to tarnish the honor of anyone. One is required to produce four witnesses when making an allegation of adultery against another person; otherwise, one will be guilty of slandering.

A raped woman is a victim that must be treated with honor and kindness. She is not required to produce four witnesses to prove the crime done against her, nor is she punished for the crime done against her.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:



If a person makes an allegation of adultery against another person (male or female) he or she must produce four witnesses to support such an allegation; otherwise, he or she is guilty of slandering, which is a grave offense in Islam, for we are not to tarnish the honor of anyone.

A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) 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.”

As for a spouse who witnesses his or her partner committing adultery and the other party denies it and they are unable to provide witnesses, they are, if they so desire, to part company by repudiating each other by engaging in what is known as a solemn oath and prayer of curse (li`an). It is described thus in the Qur’an: “And those who accuse their wives, and have no witnesses but themselves, then the testimony of each of them shall be a testimony sworn by God repeated four times, that he is indeed truthful. And the fifth (oath) is that God’s curse be upon him if he is lying. And it shall avert punishment from her that she testify a testimony repeated and sworn by God four times, that he is lying. And a fifth (oath) that the wrath of God be upon her, if he has spoken the truth” (An-Nur: 6-9).

http://www.islamonline.net/servlet/Satellite?cid=1119503548970&pagename=IslamOnl...
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Re: Punishment for adultery...
Reply #27 - Oct 31st, 2008 at 3:35pm
 
To insist that the raped victim must provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public.

This is based on what the Prophet Muhammad (P) had once 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.”

Further, the Prophet (P) was reported to have said that:

“Allah (T) has pardoned my people for the acts they do by mistake, due to forgetfulness and what they are coerced into doing.”3

An event concerning rape had in fact led towards the Prophet Muhammad (P) punishing a rapist without demanding or even hinting for four witnesses:

“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.“4

It should also be noted that it was related by Ibn Abi Shaybah through Târiq b. Shahab that a woman accused with adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman.5

http://www.bismikaallahuma.org/archives/2006/does-islam-require-four-witnesses-f...
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Re: Punishment for adultery...
Reply #28 - Oct 31st, 2008 at 3:37pm
 
not according to pakistan

Quote:
Pakistan's national assembly has voted to amend the country's strict Sharia laws on rape and adultery.
Until now rape cases were dealt with in Sharia courts. Victims had to have four male witnesses to the crime - if not they faced prosecution for adultery.


http://news.bbc.co.uk/2/hi/south_asia/6148590.stm
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Re: Punishment for adultery...
Reply #29 - Oct 31st, 2008 at 3:44pm
 
Sprintcyclist wrote on Oct 31st, 2008 at 3:37pm:
not according to pakistan

Quote:
Pakistan's national assembly has voted to amend the country's strict Sharia laws on rape and adultery.
Until now rape cases were dealt with in Sharia courts. Victims had to have four male witnesses to the crime - if not they faced prosecution for adultery.


http://news.bbc.co.uk/2/hi/south_asia/6148590.stm


yes shariah is practised incorrectly in many countries
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