Hello all,
The following incidents happened at my university here in Sharjah.
*A girl and guy were caught having sex in the Interior Design studio after hours- I know because I saw them in the same studio prior to their discovery.
*Another girl and guy were caught fondling and kissing in an unlit passageway late night on a weekend.
*A girl and a guy were suspended for staying out after hours and spending time alone, obviously doing something naughty.
* A guy was kicked out from my dorm block because he snuck in a female Russian prostitute into his dorm room, having his friends over to enjoy the night.
However, the worse case I heard at my university was when news broke of a female student who was raped. It turned out that sick male student had also raped several other female students on campus. Of course, it was all inside story as the university could not have afforded such a scandal prior to its accreditation, and that too of all places in Sharjah.
I never thought that something like rape could happen at my university. The girl who went through this ordeal shared it with her roommate, who in turn shared it with her close circle of immediate friend, which included me. No doubt I was shocked about it. The worse thing was that even though the girl knew it was not her fault, she failed to report it to the authorities. She was scared. Being an Arab girl, she felt she would be blamed for getting raped. No matter how much sense my friend tried talking into this girl, she just would not budge from her position. She just went through the most horrible time of her life, prompting her to leave university. What happened to the guy? He was never caught for his actions, and he got away with raping a few girls on campus!
However, I have mentioned the above incident as a pre-text to the real question I wanted to ask. Why does a woman have to prove her rapist guilty by bringing in four witnesses? If you think about it, how can a woman produce four, not one, but four, witnesses while the act of rape may have occurred in an isolated place? Sure, if it was a gang-rape, then a woman would be able to produce several witnesses. The scary thing is that many women don’t report rape because of the strong feelings of fear and shame, and also bringing dishonor to the family, although it may not her fault at all.
What could have this girl done? She was raped while in isolation. How could she prove that the male student on campus was the culprit? Why do men like this student get away with raping women under our very own noses? Why is it somewhat unfair for the woman to produce four witnesses to make her side of the story credible? How on earth can she even get four people in the first place?
Mansur
3 comments:
Exactly my sentiments...i love being a female muslim, and I would love to wear my hijab all the time. However, I have the same feelings Mansur has raised up. What if I were raped by some stranger? How can I prove him guilty without anyone accusing me of having sex with him. Where would I be able to produce four witnesses?
Shaista
Assalamu Alaikum bro,
Allah has created men and women as equal beings, so there can be no question of Shariah being unjust to rape victims. Many times, countries that claim to be implementing Shariah do it erroneously and without the proper interpretation of these laws, which is their fault and not the fault of Shariah, which is the epitome of justice.
The following is excerpted from: http://www.khawateen.org/article/ordinance.htm
Now let’s come to the difference between rape and adultery/fornication. As far as adultery and fornication are concerned, according to Islam, four witnesses are necessarily required. Only then can the Had (punishment) be imposed. If there are less than four witnesses, there can be no punishment. Similarly, confession is taken as proof of adultery or fornication, and pregnancy also serves as proof to the sin. However, if there is no proof, no punishment can be imposed, however doubtful the circumstances are, because according to the rules of Fiqh, no one can be punished on the basis of suspicion. Ibn Abbas relates that the Prophet (PBUH) once said, “If I could stone to death anyone without witnesses, I would stone so-and-so woman, because her actions, her house, and the people who come and go in her house, show it.” But the Prophet (PBUH) did not punish her without four witnesses.
As far as rape is concerned, there are clear commands for it in Islam. There is no question of the punishment of an abused woman. Therefore if a woman claims that she was coerced into the act, the according to this rule of Fiqh she will not be punished. For example if a woman becomes pregnant without the presence of her husband, then such a claim by a woman (i.e. she was forced) will be enough to save her from punishment .It is related by Sa’eed that Khalaf Bin Khalifa was told by Hashim that once a woman who had become pregnant without her husband, was brought before Hazrat Umar Bin Khattab (RA). He asked her the reason, to which she replied, “I sleep very deeply. A man had sex with me when I was asleep—and he had done it before I woke up.” Hazrat Umar (RA) did not punish the woman. Similarly, Bar’aa Bin Sabra relates that a pregnant woman was brought before Hazrat Umar (RA) who claimed that she had been forced; Hazrat Umar (RA) said, “Let her go.” (Reference: Nizam ul Aqubat, written by Abdul Rehman al Maliki 37-38) All companions of the Prophet (PBUH) agree upon these incidents, so for as they have Shara’î importance.
Thus in cases of Allah’s Hudood, there is no concept of injustice with anyone. Thus in an Islamic State, no woman may be stoned to death without any proof of her having illicit sex relationships, or in case of her being raped. Neither can she be kept in jail year after year, for no reason at all. In fact, the rapist is severely punished, for which EVEN LESS THAN 4 WITNESSES SUFFICE, because the condition of 4 witnesses is only in case of voluntary sex. (Reference: Nizam ul Aqubat, written by Abdul Rehman al Maliki, 39, 181) Another important problem that is raised about Hudood Ordinance is that a man can wrongly accuse his wife of adultery and under this ordinance, have her sent to jail, so it should be abolished. The truth is that according to Islam, if a man accuses his wife of adultery, the law of ‘La’aan’ is applied.
while i would agree with abdullah's argument that god has made man and woman equal in his eyes, the sad truth is that women get a raw deal, especially in a country like Jordan where honor killings are rampant, and in countries like Pakistan where women often are punished, and the men get away under the hudood ordinance. I am a woman and i fight for such injustices, but in this part of the world it it extremely difficult to venture out as a woman, speaking out against the injustices against women....it may be sweet to talk about what god originally intended for this world, but man has come and made it into a patriarchial religion, where men reap all the benefits and leave the women to trail behind in his dust!
Shaista
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