Friday, 21 December 2012

Punishment to rapists in the Islamic society

Great to know HOW rapists are punish in the Islamic societies as per their beliefs. It is worth going through to open our blocked mind and eyes about islamic community belief and practice to punish the rapists.
The facebook group "VAAT LAGAO (Dishum-Dishum 24x7)"that has members more than 7,700 created by an Indian guy named Drifter Tribe about 3 years ago posted "Saare Hindu Rapist Nahi Hote hain Lekin Har Rapist Hindu Kyon Hota hai??" which means "All Hindu are not Rapist, BUT WHY all rape incidents are done by Hindu?" by an Indian guy Mr. Dhurandar Bhatawdekar, Mechanical Engineer, Government of India Polytechnic Sholapur posted the question asking
Mr Rupak Sharma replied "Kyo ki Islam main rape hone per Kasoor Aurat ka hota hai.She has to bring four witnesses to prove her rape." In english it means "because in Islam any rape incident if take place blame goes to a woman. She has to bring four witness to prove her rape."
Then Faraz Ahmed Azmi responded him saying @Dear Rupak Sharma Bhai ji.
My respected brother,Almighty -Allah says: (Quran 4:15)"If any of your women are guilty of lewdness, Take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way."
(Quran 24:4)"And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations)- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors;-
(Quran 24:13)"Why did they not bring four witnesses to prove it? When they have not brought the witnesses, such men, in the sight of Allah, (stand forth) themselves as liars!"
Having mentioned above verses we would like to explain that if a woman is raped then it is not her sin if she is totally not willing it and afraid of Allah (do to reverence). The person who is raping will be sinful. 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.
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).
Raped women are not punished in Islam. What punishment?! This is like saying that a person robbed of his property should be punished. Actually,this notion belongs to places where the law of the jungle is in operation. It's a fact that, to be absolved from guilt, the raped woman must have shown some sort of good conduct, in the sense that what befell her must be something beyond her control. This is where Islam excels. In dealing with a certain issue or addressing a certain problem, it brings forth a comprehensive panacea that uproots the problem and eliminates its causes. Rather than stipulating a temporary measure that will act as sedatives, Islam gets down to the root of the problem itself with the aim of uprooting entirely. It sets noble codes of conduct that should prevail in the society; it addresses women to maintain their modesty, as not to open the door for evils:"… be not too complacent of speech, lest one in whose heart is a disease should be moved with desire: but speak ye a speech (that is) just"(Surah 33 Verse 32). The above verse, despite addressing the wives of the Prophet, peace and blessings be upon him, actually, in an implicit way calls upon Muslim women in general to preserve their dignity and modesty, just to save themselves from any harassment. This injunction sounds more explicit in the following verse:"O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons (when abroad): that is most convenient, that they should be known (as such) and not molested. And Allah is Oft-Forgiving, Most Merciful"(Surah 33 Verse 59).
This is Islam! As we have reiterated before, it does not hunt for crimes just to punish; rather, it works towards the means of blocking the avenues of crimes. Even when it punishes, it doesn't punish blindly; rather, it strikes the guilty hand. So, for a rape victim to be absolved from guilt, she must not be the one that opens her house for robbery and her dignity for deflowering. If, after trying her best to resist the attack, she gets overcome by the assailants, she is totally absolved from punishment. Muslim scholars are unanimous on this. They maintain that any woman, who, despite doing her utmost to resist these thugs and their ilk, is raped, is not guilty of any sin. This is since the situation is beyond her control, and anyone who is forced to do something is not guilty of sin. This is even in the case of disbelief, which is worse than zina (sex out of marriage), as Allah says:"… except him who is forced thereto and whose heart is at rest with faith…"(Surah16 Verse 106). The Prophet, peace and blessings be upon him, said:"Allah has forgiven for my ummah for their mistakes, what they forget and what they are forced to do."
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