freediver wrote on Dec 17
th, 2008 at 6:32pm:
Quote:the law states that if a woman accusses a man of rape then the burden of proof is upon the man to disprove the rape.
I think we didn't get very far. We merely established that the four witness thing didn't apply to rape. if a man 'solemnly swears' that he didn't rape the woman, does that count as proof? Otherwise a woman could get any man killed just by falsely accusing him of rape. Sure, that is far less burden on the woman, but it pushes it too far the other way. Suppose for example a married woman cheated with an unmarried man and they got busted. If she was honest, she would be stoned to death and he would get whipped. But she could get out of it by accusing him of rape.
well that could happen under western law too- except she's avoiding divorce as opposed to punishment. and note you need four witnesses to prove adultery.
the four witness thing doesn't apply to the victim of rape- it does apply to the accused.
anyway- I'm not talking about the veracity of sharia law in this instance- merely that it puts less stress on the victim
Quote:That's because the crime of getting yourself raped (not wearing the tent, going out without permission, being in the wrong company) is a separate crime.
getting yourself raped? nice phrasing
if the crime is not being raped then the other things are what are being punished, not the rape. if going out of the house etc is ilegal and a woman does it and doesn't get raped- she'd still be punished for the infraction.
but note it is not illegal to do those things in all muslim countries.
if you ask me though- if someone is raped and also violates a law (like the segregation law) and she is not punished because the rape is seen as 'punishment enough' then that is almost like saying the rape is justifiable as punishment.
if the punishment for the original infraction is put off for humanitarian reasons- that is acceptable in my opinion
Quote:This conveniently blames the victim, without blaming them for the actual rape. It puts an onus on women not to get raped. They are expected under the law to severely restrict their personal freedom in order to avoid being raped.
there's always an onus on women not to get raped. we're taught about rape prevention in high school, it's drummed into us- that doesn't mean our schools would blame us if we got raped.
if you disagree with the method- fine, but I don't think you can draw a link between the method and the idea that a woman/man is to be blamed for being raped
Quote:What if you did it anyway, got yourself raped, then they wanted to punish you for getting yourself in that situation? yeah?
again 'got yourself raped'- who is putting the blame on the victim here?
if it were against the law for me to go out and get drunk and I did it and got raped and they then said- you're going to be punished for going out and getting drunk- I wouldn't think I was being punished for being raped but I would think it was seriously inhumane.
Quote:Is punishing a woman for getting herself in the position where she got raped (but not for the rape itself) endorsing it?
only if her original action is against the law. say a woman breaks into a house and robs it and then is raped by the house's owner or by some random person as she loads all the stuff up into the van. should she be punished for the robbery?
if you disagree with the law fine- but no I don't think it endorses it.
Quote:Can you elaborate?
well my mind isn't entirely made up on this one so anything I say will be extraordinarly vague
all I will say is that I have seen and heard things that make me see the wisdom in certain rulings in islam. on the other hand, I think the focus should be upon self-control etc- rather than just eradicating any possibility of temptation (which is in itself impossible). but I do recognise reality- and that no matter how unfair I think it is- my chances of being raped if I abided by islamic law is a hell of a lot less then if I live my life as I do now.
but- do I think that this is helpful for society at large? do I think that by avoiding temptation we make ourselves weaker against it when we do encounter it? possibly. like I said- still not 100%