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As you can see by this article, written by a Shariah Judge from Pakistan- the Shariah punishment for rape is death to the man who commits it according to sahih hadiths. And that does not require four witnesses as does murder or adultry. However, this judge is complaining, both about the actions of the police and of the courts.
It is easy to see where this can lead. In the days before the Hudood Ordinance when adultery was not a crime, rape criminals used to adopt the line that what they did was with the free will of the woman. So if the court suspected the woman's connivance it would dismiss the case and free the accused. The Hudood Ordinance did not allow this line of defense because adultery was declared a crime even if it was done with the woman's free will. And the court that was hearing the case of rape could also award him the ta’zeer punishment. (At the same time, the woman could not be punished as mentioned earlier.) This new amendment has restored the situation wherein if a man accused of rape succeeds in creating doubts about the woman’s being forced then no one will be able to bring him to justice. http://www.albalagh.net/women/0096.shtml I'm posting this only for the benefit of someone who wants to research what Islam really says about rape as opposed to what is often practiced in Pakistan or what a crusader [by medieval definition] like Spenser says. It would not surprise me if the judge was killed for upholding Islam, such has become the perversion of that part of the world. |
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