RAPE, ISLAM, BANGLADESH

Definition of rape

In common parlance, ‘rape’ is a form of sexual assault. Rape is the act of having sexual intercourse or any other form of sexual intercourse with a person without his or her consent. Rape can be caused by physical force, other forms of coercion, intimidation, blackmailing or abuse of power or authority. Sexual intercourse with a person who is unable to give permission (such as an unconscious, handicapped, mentally handicapped or a minor) is also a form of rape. (RAPE) (RAPE) (Organization)

From the definition of rape we read above, it is clear that two adults can have sex with full consent and consent. Everyone will choose the person of his choice according to his own will, and will have love, affection or sex with him, it is his right. No disciplinary action can be taken against them in this case. In addition, in any case, without the will or consent, any form of intimidation or harm, coercion, blackmail, abuse of power or authority, or unconscious, handicapped, mentally handicapped or minors who are deemed unable to consent If sexual intercourse is done with it, it should be considered as rape.

Change in the definition of rape

In most jurisdictions, rape refers to a person having sex with another person without their consent or in any other way having sexual intercourse with them.There is controversy among government health agencies, law enforcement agencies, health workers and lawyers over the definition of rape. Different historical eras and different cultures also differ in the definition of rape. The definition of rape has also changed over time. Prior to 1979, no man in the United States could be charged with raping his wife. In some states in the United States in the 1950’s, it was considered “rape” for a white woman to voluntarily have sex with a black man. (RAPE) (RAPE) (Organization)

There are many problems in the law of Bangladesh even at this time. Section 155 of the Evidence Act, page 162 of the Evidence Act, edited by Siddiqur Rahman Mia, states, “When a person is handed over to a criminal on charges of attempted rape or indecency, it may be shown that the complainant is generally a ‘bitch woman’.” ‘(When a man is prosecuted for rape or an attempt to ravish, it may be shown that the prosecutrix was of generally immoral character.). That is, if the accused can prove that the complainant is a prostitute or possesses bad character, he can be acquitted.

But a prostitute can also be sexually abused. If a sex worker also refuses to have sex, no one can have the right to force him to have sex. It is now recognized in all civilized worlds. But the old law is still in force in Bangladesh.

A common definition of rape is now defined in the civilized world, which is consistent with the UN Charter of Human Rights. However, the definition of rape or adultery has not changed in Islam. It is still the same as it was in the early days of Islam, and will remain so until the Day of Resurrection. The fanatical Muslims want to keep the Muslim inhabited areas as the rule of those old days. Statistics from PEW RESEARCH CENTER show that ordinary Muslims in many Muslim-majority countries want Sharia law in the country without knowing anything about Sharia law. (land)

Because they think that any change in the law given by Allah and His Messenger is a kind of distortion. Basically, this is why it is not possible to define rape in fanatical fundamentalist and conservative societies. In this case, it can be seen that many types of rape are not considered as rape at all by the religions. As a result, the number of reported rape crimes is relatively low in fanatical countries. At the same time, women in conservative society are not interested in reporting to the police because of the reality of conservative society. Considering the concept of chastity, respect and descent, most rapes do not reach the courts. After showing those statistics, it is claimed that rape is less in bigoted conservative society, Europe is more in America! However, the truth is that in Western countries where human rights are important, girls can live a relatively independent and self-reliant life. In these countries, girls report sexual harassment to schools, buses, trains, offices, schools. By showing those statistics, the fanatics always claim that there are many more rapes in the western world. This is not correct at all. By saying these things they try to impose more control on the girls and more strictness about their dress. Which is untrue at once, because in conservative religious societies there are very few reports of rape?

Can the death penalty prevent rape?

Being one of the many common myths in our society, crime can be reduced by applying harsh and barbaric punishment! But these words are not true at all. Many studies have shown that in countries where barbaric punishment is imposed, crime rates continue to rise at a compounding rate (ACL15). Capital punishment not only reduces crime, but also increases it. (The National Academics of Sciences Engeneering Medicine) Statistics show that countries that have abolished the practice of corporal punishment and the death penalty have reduced the number of offenders. Even prisons in many countries have to be closed due to lack of criminals.

The death penalty in rape cases creates more horrific situations. When a rapist is raped, it is generally thought that he may not face trial for this act. But if he has this fear in his mind that he is likely to be executed, or that there is a possibility of a very terrible punishment, he kills the rapist very quickly. In the hope that his guilt will no longer be proven. The mentality of a criminal works in such a way that he quickly tries to erase the evidence at hand after committing the crime. Studies in different parts of the world have shown that the opposite is true when it comes to preventing rape. Girls used to be raped and released, but after being sentenced to death or beheading, most rapists no longer live to complain. The rapist kills the rapist very quickly due to the immediate reaction and panic. Because at this point his normal senses do not work, the rapist makes a decision out of fear that he might not have taken under normal circumstances. Will be beheaded or hanged, this panic then affects him. And to avenge all the panic he builds on that rape.

The raped girl could have survived the rape, but if they were killed, there was nothing left to do. It becomes difficult to prove, and the girl’s family collapses. Therefore, the death penalty or beheading is not helpful in preventing rape, but the opinion of criminologists and sociologists that it is an obstacle.

Social ideas about women

Personally, my idea is that rape is more about power than sex. I am male, I am powerful, I am dominant, I am the chief, women are created for my enjoyment, women’s work gives us happiness and comfort, and these ideas play a major role in rape. The biggest reason for rape is the social and religious perception of women. To think of a woman as a consumer product, helpless, incapable, weak, dependent, crooked, imperfect, submissive, submissive. What Islam says about women in Muslim society is extremely humiliating and disrespectful to women. I think this idea is a major factor in the rape of women.

From an early age you will teach your children that women have been created to break men’s loneliness, to entertain men, meaning that she is a recreational object, a toy doll, a crop field, where she can cultivate as she pleases, a production machine, a commodity, a woman’s legs. From head to toe sex and sex-orgasm, a body covered in a forbidden dark robe, with which one cannot befriend, with whom one cannot play cricket, with whom one cannot go for a walk, with whom one cannot walk on the street with one’s hands on one’s shoulders. It is not possible to go by boat, whose place is in the inner court, whose place is in the kitchen, whose place is in the bed, who has the right to beat, who has to be in the regime, who has to hide in the chest veil, who has to always bow in shame, who has to bow his head The number of rapes will continue to increase when you socially establish the idea that you have to live, that you have to control.

A girl has the right to choose the life she wants, the clothes she wants and the people she loves. Whatever dress he wears is his right. If she wears shorts, or a dress that reveals physical beauty, A fanatical man assumes that this girl is a prostitute. So his opinion is unimportant. She can get him if she wants to. That is why this girl was created. If the girl does not respond to his call, her manhood is hurt. He thinks that the girl is wearing such a dress just to show him, so if he wants to get the girl, then the girl should be blessed. But when he doesn’t get a response from the girl, his manhood gets hurt. Throughout her life she has been taught that she is better, stronger than any woman, because she has a penis. He wants to express the pride of this penis! Wants to let you know!

Let’s see how Islam actually treats women. You can see this article to read more about this topic.

Your wives are the fields for you. Use them as you wish.

Verse 223 of Surah Al-Baqara

He is the One who created you from a single being; and he made his pair from it, so that he could get relief from it.

Sura 6 verse 189

Name of the Book: Sahih Muslim

Hadith Number: [3512]

Chapter: 18 / Milking

Publisher: Islamic Foundation Bangladesh

Costume 9. Wills about women

3512. Muhammad ibn Abdullah ibn Numayr al-Hamdani (R): It is narrated on the authority of Abdullah ibn Amr that the Prophet (peace and blessings of Allaah be upon him) said:

The value of hadith: Pure/Highly Trusted

Name of the Book: Sahih Muslim

Hadith Number: [3513]

Chapter: 18 / Milking

Publisher: Islamic Foundation Bangladesh

Costume 9. Wills about women

3513. Haramala Ibn Yahya (R): Narrated from Abu Hurairah (R). He said that the Prophet (peace and blessings of Allaah be upon him) said: Women are like the bones of a pajar (curved). When you go to straighten it, you will break it, and you will benefit by keeping it curved.

Zuhair Ibn Harb and Abd Ibn Humaid (R)… (Zuhri’s nephew according to his uncle Zuhri) (like the above sanad) Ibn Shihab (R) has narrated exactly the same.

The value of hadith: Pure/Highly Trusted

Name of the book: Sunan Ibn Majah

Hadith Number: [3998] Chapter: 30 / Dispute

Publisher: Tauhid Publication

Costume: 30/19. Disasters caused by women

1/3996. Narrated from Usama bin Zayd. He said, “The Messenger of Allah, may Allah bless him and grant him peace, said, ‘I will not leave after me anything more disastrous for men than for women.’

Sahihul Bukhari 5098, Muslim 2640, 2641, Tirmidhi 260, Ahmad 21239, 21322, Sahih 2601. Tahkeek Albani: Sahih.

The value of hadith: Pure/Highly Trusted

Name of the Book: Sahih Bukhari (Ifai)

Hadith Number: [28] Chapter: 2 / Iman

Publisher: Islamic Foundation

Cost: 21 / Gratitude towards husband

26. It is narrated on the authority of ‘Abdullah ibn Maslama (may Allah be pleased with him) from Ibn’ Abbas (may Allah be pleased with him) that he said: The Messenger of Allah (may peace be upon him) said: I am shown Hell. (I see), most of its inhabitants are women; (Because) they disbelieve. It was asked, ‘Do they disbelieve in Allah?’ She said: ‘They disobey their husbands and deny Ihsan. ‘If you continue to be kind to one of them for a long time, then when he sees your slightest negligence, he says,‘ I have never been treated well by you. ’

The value of hadith: Pure/Highly Trusted

Women are responsible for rape?

When an incident of rape took place somewhere, some old uncles came to the tea shop in the neighbourhood. They are always very keen to give wise opinions on this matter. Usually what is in these wise opinions is, “That stick is also to blame. The movement of the cane is not good. Wright goes out to roam. Polago turns around. ” That is, since the girl’s character is not good, she can be raped! These old uncles, who are neutral in the tea shops of the area, are very popular in the tea shops. In tea shops, on the bus, almost everyone applauds when they hear about it. Now they have come to the talk show on the blog on Facebook. They are called civil. They acquitted both the rapists and raped them. They say, “Why did the rapist hurt his sexual feelings by wearing provocative clothes? There must be rape! ”

A woman is raped in many ways. At first she was raped by a lustful man. Then in his own family he was raped by his parents! When her parents blame her for the rape. Harassment and torture of the parents, on the contrary, trying to convict the girl, raped the girl again. “Why didn’t he wear a burqa?” – “Why didn’t he control himself?” If he is able to go to the police after handling them, he will have to go through more horrible experiences with the law court police. In what way was the rape committed, where did the rapist put his hand during the rape, where did he put his face, how many times did he rape her for how long, did the girl not have fun during the rape or did she get hurt? And if the newspaper gets the news, they serve such hot news to the reader with different kinds of spices. The news contains all the glamorous words like “night”, “day”, “continuous”, “upuryapari”, “in different ways”, “naked” etc., which people read about and start raping the girl in their minds. This means that the whole society keeps on raping the girl.

Men’s mentality is responsible for rape, not women’s dress. Notice that the dolls you buy for your child include guns, cars, planes, and so on. And for the girl child, you have an allocation of pottery, barbidoll, cosmetics. That means you are raising your son from an early age with the idea that he will rule, occupy, rule. And the girl child will take care of the house, cook, raise the child. In other words, you have been instilling these ideas in him since childhood. When you gradually inculcate such social ideas in children, children will naturally grow up with a kind of occupation, a sense of authority when they grow up. They rape, and then the responsibility will be on the woman’s dress.

The Qur’an, the holy book of Muslims, identifies women’s clothing as a cause of harassment. In verse 59 of Surah Al-Ahzab it is said,

O Prophet! Tell your wives and daughters and the wives of the believers to draw their cloaks close to them. This will make it easier to recognize them. As a result, they will not be harassed. GOD is Forgiver, Most Merciful.

This kind of thinking will create a victim blaming environment in society. People will understand, women’s clothing is actually responsible for harassing women, not men! These are old medieval ideas, out of which our society will gradually move towards the Middle Ages.

Halal rapes in Islam

Islam has legalized several types of rape. As the modern definition of rape is outlined above, readers should read the definition and compare it with the following sections-

Marital rape is halal

Marital rape is the forced sexual intercourse of a partner with the consent or unwillingness of the husband or wife. In today’s civilized world, it is considered rape to force a partner to have sex even after marriage. Even so, you cannot have sex with your mate without his or her consent. Your marital partner is not your sexual object, he should be forced to give you sexual pleasure as soon as he wants it. You can try to persuade him if he is not reluctant or in the mood, but you cannot do this because of his reluctance or disapproval. This is a human rights violation. In December 1993, the United Nations High Commissioner for Human Rights issued a declaration explicitly stating that marital rape was a violation of human rights. (Wiki) (Kersti Yllo, M Gabriela Torres)

Article Two:

Violence against women shall be understood to encompass, but not be limited to, the following:

  • Physical, sexual and psychological violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence related to exploitation;

But in Islam, marital rape is not considered rape. Rather, Islam puts pressure on the wife in this case, intimidating her and forcing her to do so, citing the possibility of harm in the Hereafter. As soon as the husband asks, Islam instructs the wife to satisfy her husband’s sexual needs, or else she will be threatened with the punishment of the Hereafter. In this case, any excuse, objection or disagreement of the wife is not acceptable. He threatens to curse her if she disagrees.

Book: Sahih Muslim (H Academy)

Chapter: 16. Marriage

Hadith number: 3433

20. Avoiding the husband’s bed is forbidden for the wife

3433- (122/7) Narrated from Abu Bakr Ibn Shaybah, Abu Qurayb, Abu Saeed Al Ashajj and Zuhair Ibn Harb (may Allah have mercy on him). He said: The Messenger of Allah, may Allah bless him and grant him peace, said: When the husband calls his wife to bed and she does not come, her husband spends the night displeased with her, and the angels curse her until dawn. (Islamic Foundation 3408, Islamic Centre 3405)

The value of hadith: Pure/Highly Trusted

Book: Sahih Muslim (H Academy)

Chapter: 16. Marriage

Hadith number: 3432

20. Avoiding the husband’s bed is forbidden for the wife

3432- (121/6) Ibn Abu Umar (R) 6 .. Narrated from Abu Hurairah (Razi). He said, “The Messenger of Allah, may Allah bless him and grant him peace, said, ‘By the One in Whose hand is my life.’ When a man calls his wife to bed, but she denies it, surely the heavenly beings are displeased with her until he is pleased with her. (Islamic Foundation 3405, Islamic Centre 3404)

The value of hadith: Pure/Highly Trusted

Book: Mishkatul Masabih (Mishkat)

Chapter: Episode-13: Marriage

Hadith Number: 3257

3257- [20] Narrated from Tablaq Ibn ‘Ali (R). He said: The Messenger of Allah, may Allah bless him and grant him peace, said: If a husband calls his wife out of necessity, she should respond to his call immediately, even if she is busy by the stove. (Tirmidhi)

The value of hadith: Pure/Highly Trusted

Publisher: Tauhid Publication

Book: Sunan Ibn Majah

Chapter 9 / Marriage

Hadith Number: 1853

It was narrated that: Abdullah bin Abu Awfa said “When Muadh bin Jabal came from Sham, he prostrated to the Prophet who said: ‘What is this, O Muadh?’ He said: ‘I went to Sham and saw them prostrating to their bishops and patricians and I wanted to do that for you.’ The messenger of Allah said: ‘Do not do that. If I were to command anyone to prostrate to anyone other than Allah, I would have commanded women to prostrate to their husbands. By the One in Whose Hand is the soul of Muhammad! No woman can fulfill her duty towards Allah until she fulfills her duty towards her husband. If he asks her (for intimacy) even if she is on her camel saddle, she should not refuse.’

The bigger problem is that Islam gives men the responsibility of supporting the family and earning an income. It is not mandatory for women. For this reason, most Islamist parents are reluctant to educate women in higher education or to make them financially self-sufficient. Because tomorrow the girl will go to the next house! For this reason, in Islamic societies, a married woman is often financially dependent on her husband. As a result, even if she is a victim of marital rape, she cannot protest against it, nor does she want to go to court. Because at the end of the day, he has built an Islamic society as a parasite! He was not given a chance to become self-reliant.

Islamists will thicken their throats and say, what is the need for girls to work? Eat up on your feet! Poor husband will suffer! Look at how much Islam has benefited women! But the truth is, this is an ominous plan for a long life of slavery for women. The trick behind all this is to try to prevent girls from becoming self-reliant. As long as girls are not financially self-sufficient, they have to stay on their feet.

Rape of child girls

Under civilized law around the world, even if a minor girl gives consent, since she has not yet reached the age of consent; her consent is not considered consent for sex. Consent or disagreement, in any case, having sex with a minor is considered a forbidden and punishable crime in the entire civilized world. On the contrary, Islam has not only made it permissible to marry underage girls, but also to have sex with them. Read this article to know more about this.

Title of the book: Sahih Muslim (Hadith Academy)

Chapter: 16. Marriage

Chapter 10. The father may marry the underage virgin daughter

3370- (69/1422) Narrated by Abu Qurayb Muhammad ibn ‘Ala and Abu Bakr ibn Abu Shaybahu (may Allah have mercy on him)… Aisha (Razih). He said, “The Messenger of Allah, may Allah bless him and grant him peace, married me when I was six years old.” He took me to the living room, when I was nine years old. Aisha (may Allah be pleased with her) said: After we migrated and reached Madinah, I had a fever for a month and the hair on my head fell out and remained near my ears. (My mother) Umm Ruman came to me, I was on a swing then and I also had my playmates. He called me out loud, I went to him.

I did not understand what he would do to me. He took my hand and led me to the door. I was saying then, ah, ah. Eventually my worries subsided. He took me to a room. Ansar women were present there. They all prayed for my welfare and mercy and wished me good luck. She (mother) handed me over to them. They washed my head and groomed me. I was not afraid of anything. The Messenger of Allah, may Allah bless him and grant him peace, came at dawn and they handed me over to him. (Islamic Foundation 3344, Islamic Center 3343)

The value of hadith: Pure/Highly Trusted

Narrator: Aisha (R)

Rape of women prisoners of war is halal

Slavery is forbidden in all civilized worlds, and the rape of women prisoners of war is also prohibited in the Geneva Conventions. But in the eyes of Islam, there is a provision for women prisoners of war to enjoy the spoils of war till the Day of Resurrection. Islam has made it permissible to have sex with women prisoners of war or slave girls, and in this case no consent is required for the sex work of women prisoners of war or slaves. You can read this article for details.

Title of the book: Sahih Bukhari (Islamic Foundation)

Chapter 51 / Maghazi (War Campaign)

Chapter 2196. Battle of Banu Mustaliq. Banu Mustaliq is a branch of Khuza’ar. This battle is also called the battle of Muraysi. Ibn Ishaq (may Allah be pleased with him) said: This battle took place in the year 6 AH. Musa ibn Uqba (may Allah be pleased with him) said: In the year 4 AH. Numan ibn Rashid narrates from Zuhri that the incident of Ifak took place in the battle of Muraysi.

3632. Qutaybah Ibn Saeed (R): Narrated Ibn Muhairiyya (R), he said, “Once I entered the mosque and saw Abu Saeed Khudri (R) and sat down with him and asked him about Azal. Abu Sa’eed Khudri said, “We took part in the battle of Banu Mustaliq with the Messenger of Allah, may Allah bless him and grant him peace.” In this war we captured many Arab prisoners. We were attracted to women and it became difficult for us to get married and without a wife. So we chose to do it and decided to do it. Then we began to say that the Prophet (peace and blessings of Allaah be upon him) existed among us. We are going to do Azal without asking him about it. When we asked him about it, he said, “What is the harm if you do not do so?” Know that all the souls that are to come till the Day of Resurrection will come.

The value of hadith: Pure/Highly Trusted

Narrated by: Abdullah Ibn Muhairij (R)

Name of the Book: Sahih Bukhari (Tawheed)

Hadith Number: [7409]

Chapter 96 / Tauhid

Publisher: Tauhid Publication

Cost: 96/18. God’s Word: He is the Creator, the Inventor, the Shaper. (Surah Al-Hashr 59/24)

6409. Narrated from Abu Saeed Khudri. He narrates about the battle of Bani Mustaliq that the Muslims got some prisoners in the battle. Then they wanted to enjoy them. They also wanted her not to get pregnant again. So they asked the Prophet (peace and blessings of Allaah be upon him) about Azal. The Prophet (صلى الله عليه وسلم) said, “It is of no use to you.” Because God has written down all the life He will create until the Day of Resurrection. Mujahid (may Allah be pleased with him) narrated from Abu Saeed Khudri (may Allah be pleased with him) through Qaya (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: Allah must create as many lives as it has been decided. [2229] (Modern Publications – 6993, Islamic Foundation – 6905)

The value of hadith: Pure/Highly Trusted

Rape of child boys

We often hear that such and such child has been raped in the madrasa today, such and such child has been raped tomorrow. Everyday newspapers are full of this kind of news. What is the rule of Islam in this matter that children are being raped in madrassas, showing greed, or intimidation to get higher marks? Islam prescribes the punishment for homosexuality or homosexuality, which means that both those who do it and those with whom it is done will be killed. Although there is no provision in Islam for menstruation of children, these hadiths are used to cover the mouths of children. So that the children do not complain to anyone for fear of death.

Publisher: Islamic Foundation

Book: Sunan Abu Dawood (Ifa)

Chapter 33 / Provision of punishment

Hadith Number: 4403

4403. Narrated from Abdullah Ibn Muhammad (R): Ibn Abbas (R). He said: The Messenger of Allah, may Allah bless him and grant him peace, said: When you see someone engaged in homosexual acts like the people of Lot, you will kill both its owner and the one with whom it is done.

Hadith Man: Hasan

Rape fornication or fitna facade?

There is no such thing as rape or rape in Arabic, the holy book of Muslims. Nowhere in the Qur’an is anything said about this. There is an incident of rape in the hadith, which has been termed as forcible adultery. Most of the eminent scholars of Islam have said that rape should be included in adultery and that the punishment of Hadr should be applied for it. In this case, the punishment is to throw stones at the married, and to beat the unmarried with 100 lashes or to deport them. In the hadith of forced adultery in the time of Muhammad, rape is pardoned and its rapist (who was married) was stoned to death. They refer to this hadith and consider rape to be adultery. (Law)

The jurists of the Maliki School have described rape as an act of robbery. Some eminent jurists and scholars of Islam, such as Muhammad ibn Jarir al-Tabari, Abu Bakr ibn al-Arabi, and Egypt’s Supreme Sharia Council, have included rape not as a subclass of adultery, but as a fitna fasad (Fight). In this context, they referred to the fade in verse 33 of Surah Ma’ida in the Qur’an and said that this verse would apply to rape. Since Islam treats women as a commodity [16], they refer to rape as a form of looting or intimidation. [17]

The punishment for those who fight with Allah and His Messenger and try to create chaos in the land is that they will be killed or crucified or their limbs will be cut off from the opposite side or they will be expelled from the land. This is a disgrace for them in this world, and for them in the Hereafter is a severe punishment.

But the problem that arises in this case is that in the next verse of this verse it is said that if the accused repent before they are arrested, Allah will forgive them.

But those who repent before you are arrested; Know that God is Forgiving, Merciful.

What is adultery?

The word zina (زِنَاء) or zina (زِنًى or زِنًا) means sexual intercourse between two unmarried people. In Islamic law, adultery is an illicit sexual relationship between two people without a wife or a slave, which is strictly forbidden and punishable in Islam. In Islam, adultery is a poetic sin that cannot be forgiven without repentance. But if you repent, you will be forgiven. It is narrated in the Sahih Hadith that if the adulterer believes in Allah in his mind, he will surely enter Paradise.

Mishkatul Masabih (Mishkat)

Episode 1: Faith

Paragraph: The first paragraph

26- [25] It is narrated from Abu Jarr Ghiffari (R). He said, “I (once) came to the service of the Prophet (peace and blessings of Allaah be upon him).” He (peace and blessings of Allaah be upon him) slept in a white robe. I went back. Then I went to him again. Then he (sallallaahu ‘alayhi wa sallam) was awake. He (sallallaahu ‘alayhi wa sallam) (looking at me) said, “Whoever says (with heart)’ la-ila-ha illallah-ha ‘and dies on this belief, he will surely enter Paradise.” I said, he still commits theft and adultery (such a big sin)? He (peace and blessings of Allaah be upon him) said: Even if he steals and commits adultery. I asked again, even after stealing and committing adultery? He (peace and blessings of Allaah be upon him) said: Yes, even if you commit sins like stealing and adultery. Although Abu Jarr’s nose was dirty with dust. The narrator said that whenever Abu Jarr (R) narrated this hadith (with pride) he would narrate this last sentence ‘even if Abu Jarr’s nose is dirty with dust’. (Bukhari, Muslim) [1]

[1] Sahih: Bukhari 5728, Muslim 94, Ahmad 2148, Sahih Al Jami ‘5733.

The value of hadith: Pure/Highly Trusted

What is adultery in Islam?

Aisha’s character was once questioned during Muhammad’s lifetime. Some of the Companions claimed that Aisha was immoral and that she was in an extramarital affair with one of Muhammad’s Companions. Even Hazrat Ali went against Aisha. Later, Muhammad proved the sanctity of Aisha by revealing the holy verses of Allah. At this time, in order to charge someone with adultery, provision was made to bring four Muslim truthful male witnesses who had witnessed the incident. According to the hadith, they saw the man’s genitals inserted into his wife’s genitals in the same way as the surma shalaka is inserted into the surmadani.

Verses 15-16 of Surah An-Nisa ‘speak of adultery,

“And call four of you men as witnesses against the adulteress among the women. But if they testify, then confine them to their homes until death overtakes them or Allah guides them to another way. Punish the two of you who engage in that evil (adultery), then if they both repent (repent, repent) and correct themselves, then withdraw from them. Surely Allah is Oft-returning (to mercy), the Merciful.

Verses 12-17 of Surah Noor say,

When you heard this, why did not the believing men and women have a good idea of ​​their own people and say, “This is a blasphemy?”

Why they did not present four witnesses in the matter; But when they do not bring witnesses, then they are liars to Allah.

Had it not been for the grace and mercy of Allah upon you in this world and the Hereafter, a severe punishment would have touched you for what you used to do.

When you were spreading it with your mouths and uttering words of which you had no knowledge. You thought it was trivial, but it was a serious matter with God.

When you heard this, why didn’t you say that we shouldn’t talk about it? Glory be to God! This is a serious slander.

It is further stated in Surah Noor verse 2,

“Give a hundred lashes each to the men and women accused of adultery, so that mercy may not weaken you on what God has ordained for you, if you believe in God and the Day of Judgment.” Be a witness. ”

In Surah Noor verses 4-5 it is further stated,

“And those who accuse innocent women and then cannot produce four witnesses, whip them, whip them, and then never take any evidence from them; And that’s because they’re transgressors. Except those who repent and amend, for Allah is Oft-Forgiving, Most Merciful.

Does rape include adultery?

In Arabic, the word igtisab (extortion) or jina-al-jibar is used in the sense of rape. Islamic it belongs to the hirabah or bandit class. Islam does not condone rape or forced sexual harassment. An incident from the time of Muhammad is mentioned in Abu Dawood

Sunan Abu Dawood (Islamic Foundation)

33 / Provision of punishment

Chapter 6. About admitting one’s guilt in front of the judge.

4327. Muhammad ibn Yahya (R) 8. Alkama narrates from her father Wa’il (R) that in the time of the Prophet (peace and blessings of Allaah be upon him) when a woman met a man on the way to perform the prayer, the man forcibly raped her. When the woman yells, a man walks past her and wants to know why. Then the woman said: Such and such a person has committed such misdeeds with me. Later, when a group of emigrants passed by her, she said to them: Such a person has done such a thing to me. Then they went and caught a man they thought he had done. Then when they present the man to the woman, she also says: Yes. This person has committed this misdeed.

Then they took the man to the Prophet (peace and blessings of Allaah be upon him). When the Prophet (peace and blessings of Allaah be upon him) intended to impose the Shari’ah on that person, the person who committed the misdeed with the woman stood up and said: O Messenger of Allaah! I have done wrong. Then the Prophet (peace and blessings of Allaah be upon him) said to the woman: Go away, Allaah has forgiven you. Then he got on well with the man. When the Companions asked the Prophet (peace and blessings of Allaah be upon him) to order him to be stoned to death, he said: The man has repented in such a way that if all the people of Madinah had repented in this way, it would have been accepted.

Imam Abu Dawood (R) said: This hadith has also been narrated by Astar Ibn Nasr (R) from Simak (R).

Hadith Man: Hasan

Narrated by: Alkamah

The scholars of Islam all agree that the rapist should be punished under the Hudud Act, if clear evidence is found against him or if he confesses to the crime and the raped woman is not punished . In a rape case, four eyewitnesses are required, unless the accused pleads guilty. Eyewitnesses will not be required in that case. In the above hadith, the culprit has confessed to the crime and the limit has been imposed on him. If the rapist fails to prove the allegation, it will be treated as a false allegation, punishable by flogging. (proven)

To Prove Rape Islam needs four male witnesses

Evidence of adultery requires either of the two tores in Islam.

A. Confession of the rapist

B. 4 Muslim truthful righteous male witnesses

According to Islamic law, adultery is punishable by flogging if the perpetrator is unmarried and by stoning if married. However, this punishment can be applied only when four male witnesses testify that they have witnessed this adultery directly.

Sunan Abu Dawood (Tahaqiq)

33 / Crime and its punishment

Chapter 27 The incident of raping two Jews

4452. Narrated by Jabir Ibn Abdullah (R). He said that a group of Jews came to the Prophet (peace and blessings of Allaah be upon him) with men and women among them. He said: Bring two of you the wisest. So they brought to him the two sons of Surya.

He swears to them by Allah: What do you see in the Torah about them? They said, “We see in the Torah that if four witnesses testify that they saw the man’s genitals inserted into the genitals in the same way as the surma shalaka is inserted into the surmadani.” Then both of them will be stoned.

He asked: So what is stopping you from satisfying them? They both said, “We have lost our power.” So we don’t allow killing.

Then the Prophet (peace and blessings of Allaah be upon him) called for the witnesses. They brought four witnesses. They testified that they saw the man’s genitals inserting into the man’s genitals just as the surma shalaka penetrated into the man’s genitals. Then the Prophet (peace and blessings of Allaah be upon him) ordered them to fast. [1]

Sahih.

[1]. Ibn Majah, Darakutni.

The value of hadith: Pure/Highly Trusted

Narrated by: Jabir bin Abdullah Ansari (R)

DNA testing is not acceptable

Audio, video, DNA or any medical test, these are not acceptable in Islamic law. Only those matters which the Islamic Shari’ah considers as evidence will be considered as evidence. Besides, everything else will be annulled in the Islamic Sharia court. [23]

Q:

I know that in the past, if someone was to be charged with adultery, they had to bring four witnesses. My question is, instead of bringing 4 witnesses at present, can we use scientific methods – such as DNA tests to prove it?

Answer:

All praise is due to Allah.

According to Islamic Sharia, adultery can only be proven by clear evidence, such as four credible witnesses who saw it directly, or if the accused pleads guilty or if the woman is pregnant. This cannot be proved by DNA testing or by camera and video evidence instead of the evidence mentioned above. God knows best.

Source: Muhammad Salih Al Munajjid

Question

I know that in the past if someone has committed adultery, they had to bring 4 witnesses.

My question is can we prove that today by using latest scientific methods as the DNA test, instead of bringing 4 witnesses.

Answer

Praise is to Allah.

According to Islamic sharee’ah, zinaa can only be proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.

Source: Sheikh Muhammed Salih Al-Munajjid

Failure to prove adultery is the opposite punishment

If someone accuses someone of adultery, and fails to provide witnesses or provides any other evidence (remember, DNA testing is not acceptable in Islamic law), then the complainant must be punished. This is stated in the Sahih Hadith.

Sahih Bukhari (Islamic Foundation)

44 / Martyrdom

Chapter 183. If someone makes a claim or tells a lie, he has to prove it and go out to look for evidence.

2493. Muhammad ibn Bashar (may Allah be pleased with him) narrated from Ibn Abbas (may Allah be pleased with him) that when Hilal ibn Umayyah accused the Prophet (peace and blessings of Allah be upon him) of committing adultery against his wife with Sharik ibn Sahma, the Prophet (peace and blessings of Allah be upon him) testified. No, the rod will fall on your back. He said, “O Allah’s Apostle, will any of us see another man on his wife and run to collect evidence?” But the Prophet (peace and blessings of Allaah be upon him) kept saying the same thing (over and over again), either you will present evidence or you will be flogged. Then he narrated a hadith about Li’an (لعان).

The value of hadith: Sahih

Narrated by: Abdullah bin Abbas (R)

There was a law in Pakistan based on the Qur’an and Sunnah, now that law has been reformed. The law stated, (15ht)

“The Offense of Qazf (Enforcement of Hudood) Ordinance of 1979”. It described the offense of false accusation of Zina (fornication and adultery) either written, verbal or “by visible representations”, with intent to cause harm, and without producing four witnesses in support of the accusation before the Court, or who “according to the finding of the Court ”, a witness has given false evidence of the commission of adultery or rape, or when a complainant has made a false accusation of rape;

– Proof of “qazf liable to hadd” includes the accused confessing to it in court, the accused committing qazf in court, or if two Muslim adult male witnesses (other than the victim of the qazf) testify that the defendant committed qazf. (If the accused is a non-Muslim, the witnesses may be non-Muslims.)

– Punishment of “qazf liable to hadd” will be a whipping numbering 80 stripes.

– “Qazf liable to Tazir” applies whenever

– proof in any of the forms mentioned above is not available,

– or when the perpetrator has committed ‘qazf’ against any of his descendant- or when the victim of qazf has died during the “pendency of the proceedings”;

– punishment of “qazf liable to tazir” shall be imprisonment for up to two years, a whipping of up to 40 stripes, and may also include a fine.

Conclusion

Naturally any sane person would understand that rape can never be committed with four male witnesses. And even if four male witnesses had witnessed the incident at that time, it is clear that all four were accomplices to the rapist. Otherwise, why were they doing nothing? And it is not clear why the accomplices of the rapist will testify in favour of the rape. Even if they testify, it is almost impossible for any human being to meet the conditions that are required for a witness to be truthful and just, a Muslim man. So in reality in most cases the evidence of rape is not possible. And most rapists do not sue, nor do they seek refuge in the media, if there are obstacles to proving rape.

That’s why in a conservative society, women have to deal with many obstacles.

Works Cited

[Online]. – 2015. – https://web.archive.org/web/20141129080538/http://www.refworld.org/topic,50ffbce5220,50ffbce524a,4db99a162,0,,DECREEES,.html.

A CLEAR SCIENTIFIC CONSENSUS THAT THE DEATH PENALTY DOES NOT DETER [Online]. – 2015. – https://www.amnestyusa.org/a-clear-scientific-consensus-that-the-death-penalty-does-not-deter/.

Kersti Yllo, M Gabriela Torres [Online]. – https://www.shongshoy.info/wp-content/uploads/2020/10/Marital-rape-by-Carter-Robert-Allan-z-lib.org_.pdf.

land Sharia as the official law of [Online]. – https://legal-dictionary.thefreedictionary.com/rape.

Law Rape: A problem of Crime Classification in Islamic [Online]. – https://brill.com/view/journals/alq/24/4/article-p417_4.xml.

Organization World Health [Online]. – https://apps.who.int/iris/bitstream/handle/10665/42495/9241545615_eng.pdf;jsessionid=0105556496273738DAE96C0A0263A13F?sequence=1.

proven How can zinaa be [Online]. – 2015. – https://islamqa.info/en/answers/6926/how-can-zinaa-be-proven.

RAPE [Online]. – 2015. – https://www.dictionary.com/browse/rape.

RAPE [Online]. – https://legal-dictionary.thefreedictionary.com/rape.

The National Academics of Sciences Engeneering Medicine [Online]. – 2015. – https://www.shongshoy.info/wp-content/uploads/2020/10/Deterrence-and-the-Death-Penalty-2012-Consensus-Study-Report.pdf.

Wiki Declaration on the Elimination of Violence Against Women – [Online]. – https://en.wikipedia.org/wiki/Declaration_on_the_Elimination_of_Violence_Against_Women.

Published by Sultan Tipu

An independent writer.

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