Rape in Islamic law: Establishing the crime and upholding the rights of the innocent

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Last Updated on 23rd January 2022

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The teachings of Islam stipulate that the state is responsible for the protection of the interests (maṣāliḥ) and rights (ḥuqūq) of their citizens. Through protecting these interests and rights of every individual, Islam has laid the foundations of a peaceful society. Based on the Holy Quran, all schools of Islamic jurisprudence agree on five main types of human interests (maṣāliḥ) which need to be protected by the state: 

1. Religion (dīn)

2. Life (nafs

3. Intellect (ʿaql

4. Offspring (nasl)

5. Property (māl)

The impairment of any one of these five constituents jeopardises the safety and well-being of the individual, which leads to unrest and disorder in society at large. If a person who violates these interests is found guilty by a court, state law will impose a punishment on them. 

The objectives of punishment in Islam are to establish justice, reform offenders, and caution other members of society.

Definition of Crime in Islam and a brief note on Islamic punishments

The definition of crime in Islam is: Any act by which a person is forcibly harmed physically or mentally, whereby harm includes physical violence, bodily harm, attack on one’s honour, and death. (Imam Shāfiʿī, al Umm, Vol 6; Ibn Rushd, Bidayat al-Mujtahid, Vol 2; Imam Ibn Taymiyya, al-Siyasat al-Shariʿah)

In Islam, there are three main types of punishment for crimes: statutory punishment (ḥadd), retaliatory punishment (qiṣāṣ) and discretionary punishment (taʿzīr).

As this article particularly aims at focusing on the Islamic perspective on establishing the elements of the crime of rape, we will only talk about the definition of ḥadd and taʿzīrQiṣāṣ need not be discussed as it is not a prescribed punishment in Islam for crimes like rape.

Ḥudūd

In Islamic law, ḥadd refers to a punishment imposed by Allah the Almighty or the sunnah for certain. Once a ḥadd is warranted through the prescribed procedure, the court or the state or the aggrieved party are not permitted to make any concessions in the implementation of these punishments.

According to most scholars of Islamic law (fuqahā), there are seven ḥudūd in Islam (Al Fiqh al-Islami wa adillatohu by Prof Dr Wahbah az-Zuhaily); however, according to Imam Abū Ḥanīfa the following five crimes are liable to the ḥadd punishment: 

1. Theft (sariqa)

2. Fornication/Adultery (zinā)

3. Consuming alcohol (shurb)

4. Becoming intoxicated (sukr)

5. Slander (qadhf) – especially in the case of sexual abuse or adultery. (Ibid)

It is to be noted that ḥudūd are the strictest punishments set in the Quran and sunnah and whenever these punishments are prescribed, clear guidance has also been given regarding investigation, witnesses, evidence and clues etc. for establishing the crime. A qāzi, or judge, must strictly follow the prescribed guideline and if the evidence does not meet the given standard, ḥadd punishment cannot be imposed. 

However, the victim of a certain crime is never deprived of true justice because if the defendant’s guilt is proven through evidence other than the prerequisite for the imposition of the strictest ḥadd penalty, a taʿzīr penalty may be imposed.

Taʿzīr

The taʿzīr penalty is distinctly different from the ḥadd and qiṣāṣ punishments and is left to the discretion of the court. While the basis for establishing a crime punishable by a ḥadd penalty are strictly guided by the Quran and sunnah, a crime which is punishable by a taʿzīr can be proven on the basis of any kind of credible evidence presented before the court of law. The court has the power to determine and impose a taʿzīr. Thus, crimes that do not meet the strict criteria of ḥudūd, but the evidence proves the defendant guilty, can be tried and punishment imposed by way of taʿzīr.

After this basic introduction to the different kinds of Islamic punishments, we now take a look at the Islamic stance on zinā (adultery) and ightiṣāb (rape).

Defining zinā (adultery) and ightiṣāb (rape)

All Islamic schools of jurisprudence broadly agree that zinā is the unlawful and mutually consensual sexual intercourse between a man who is sane and who has reached the age of puberty (bulgh) and a woman who is not his legal spouse. (ʿAlaʿ al-Din Abu al-Kasani, Badaʿi al-Sanaʿi, Vol. 7, Dar al-Kutub al-Arabi, Beirut, 1982)

According to this definition of zinā, the Mālikī, Shāfiʿī and Ḥanbalī schools of Islamic jurisprudence define rape as the forced performance of the aforementioned act as coerced adultery or rape.

According to Ḥanafī jurisprudence, ightiṣāb or rape is defined as coercing a woman to commit adultery against her will, and also includes determining whether or not the plaintiff incited the defendant to commit this act.

Thus, the definition of rape in Islam is:

“Forcible illegal sexual intercourse by a man with a woman who is not legally married to him, without her free will.” (Such definitions are generally agreed on in Islamic countries, for instance Pakistan, where section 6 of the Enforcement of Ḥudūd Ordinance (VII of 1979) defines it on similar lines)

Punishment of rape (ightiṣāb) in Islam

Although, in Islamic jurisprudence, the term of forced adultery (zinā bil-jabr) has also remained in use for rape, most Arab jurists use the term ightiṣāb, which means violating the inviolability of a woman by force. 

As for the punishment of this heinous crime, most jurists suggest that it is essentially the same as that for zinā or adultery, which is one hundred lashes or stoning if the perpetrator is married. 

Some scholars such as Imam Mālikrh and Imam Abū Ḥanīfarh suggest that the perpetrator would also be required to pay a mahr (dowry money) to the victim. (Al-Muwatta, 4/1063; Al-Muntaqa Sharh al-Muwatta’, 5/269)

rsz al muwatta imam malik
Al-Muwatta Imam Malikrh

Some scholars have written that if the victim of rape was abducted forcefully from her home or from some place other than her home and then raped under the threat of a weapon, such an act would warrant another or higher ḥadd punishment which is the punishment of Muharabah mentioned in verse 34 of Surah al-Maʿidah:

اِنَّمَا جَزٰٓؤُا الَّذِیۡنَ یُحَارِبُوۡنَ اللّٰہَ وَ رَسُوۡلَہٗ وَ یَسۡعَوۡنَ فِی الۡاَرۡضِ فَسَادًا اَنۡ یُّقَتَّلُوۡۤا اَوۡ یُصَلَّبُوۡۤا اَوۡ تُقَطَّعَ اَیۡدِیۡہِمۡ وَ اَرۡجُلُہُمۡ مِّنۡ خِلَافٍ اَوۡ یُنۡفَوۡا مِنَ الۡاَرۡضِ 

“The reward of those who wage war against Allah and His Messenger and strive to create disorder in the land is [only this] that they be slain or crucified, or their hands and their feet be cut off on alternate sides, or they be expelled from the land.”

A detailed discussion specifically with regard to the punishment of rape in Islam demands great detail, which is not the scope of this article. Here, the focus remains on how the crime of rape is established in light of the teachings of Islam.

Establishing the crime of rape

A basic principle that is found in both Islamic jurisprudence and the laws of the land, is that due attention must be paid to protecting innocent people from false allegations. This means that allegations and claims are not acceptable unless there is valid proof and that the accused must be treated as innocent until proven guilty. This principle is synonymous with the following statement of the Holy Prophetsa

لَوْ يُعْطَى النَّاسُ بِدَعْوَاهُمْ لَادَّعَى رِجَالٌ أَمْوَالَ قَوْمٍ وَدِمَاءَهُمْ

“Were people to be given everything they claimed, they would not stop short of making claims on the blood and property of others.” (Bukhari and Muslim)

rsz bukhari

In light of the guidance given in this hadith, a serious calumny of rape or sexual assault will only be acceptable if proved through evidence that cannot be denied. According to scholars of Islamic jurisprudence, an allegation of rape can be established in three ways:

1. Establishing rape in the most definitive manner

The classical Islamic law defines ightiṣāb (rape) as a coercive form of zinā (adultery) and almost all scholars of Islamic jurisprudence agree that the allegation of rape can be proved in the most definitive manner in two ways: 

i. Through testimony of four witnesses – a limit prescribed in the Holy Quran for establishing zinā

ii. Through confession of guilt by the perpetrator 

According to fuqahā, if an allegation of rape is proved with this level of certainty, it would warrant a ḥadd punishment for the guilty – the strictest punishment prescribed by Islam. 

The famous eleventh-century Muslim scholar, Imam Ibn ʿAbd al-Barr has noted an ijmaaʿ(unanimous agreement of scholars) on this issue and states: 

وقد أجمع العلماء على أن على المستكرِه المغتصِب الحدَّ إن شهدت البينة عليه بما يوجب الحد ، أو أقر بذلك  فإن لم يكن فعليه العقوبة

“The scholars are in unanimous agreement that the rapist is to be subjected to the ḥadd punishment if there is bayyinah (four witnesses) against him, which would warrant the ḥadd punishment to be imposed. [The imposition of the ḥadd punishment would also apply] if the accused rapist admits to his crime himself. In a situation where the above two instances do not apply, then [according to the other evidence that may be brought against him] he would have to bear aqoobah [taʿzīr].” (Al Istidkar 146/7, Bidayah al-Mujtahid 221/4)

Here, Imam Ibn ʿAbd al-Barr has made a clear distinction between what warrants a punishment stipulated by Islamic law (ḥadd), and what warrants a discretionary punishment to be imposed. 

He states clearly that in a situation where four witnesses testify against the perpetrator, or the accused himself confesses the crime, the ḥadd punishment will be imposed. When these two aforementioned conditions are not met, then a second type of punishment may be imposed on the accused at the discretion of the court or judge. The latter is not stipulated by Islamic law; rather, it is determined according to circumstantial evidence that may be brought against the defendant; the purpose being to uphold justice and to deter any similar cases from occurring in the future.

In essence, all jurists, based on the Quranic injunction, agree that as zinā is performed consensually by both parties, it calls for the strictest requirement of four witnesses only. Whereas in the case of ightiṣāb, where the victim is coerced into performing the act, there appears to be a disagreement of opinion. While some schools maintain the strictest demand for four witnesses only, even in the case of rape (Ahmed Raza Khan Barelvi in Fatawa al-Radhawiyah, Vol. 13, p. 613, Fatwa no. 252, Kitab al-Hudood wa al-tazir; www.islamweb.net, search “fatwa no. 70220”, “Proving rape by modern medical means”, issued 1 May 2017, accessed 9 January 2022), the majority are inclined towards exploring all avenues of investigation described above, but only if four witnesses cannot be produced as primary evidence. 

2. Establishing rape if the victim becomes pregnant

In Islamic law, if a woman becomes pregnant while out of wedlock, she will be subjected to prosecution for adultery and punishment for the crime as proven. However, if such a woman denies committing adultery and claims that she was raped by someone, there is a disagreement among Muslim jurists whether her claim would be investigated or accepted without investigation. 

Most jurists of the Ḥanafī, Shāfiʿī and Ḥanbalī schools suggest that the excuse of such a woman would be accepted without investigation, and she would not be prosecuted or punished. However, Imam Mālikrh, the earliest Muslim jurist, gives his strong views on the issue and states that the excuse of such a woman would only be acceptable if she brings forth strong evidence supporting her claim. Such proof of rape can be shown by the bleeding caused by the incident if she was a virgin, or if she screams for help and is found by witnesses in a state that proves her ordeal. If she does not provide similar circumstantial evidence, then she is subjected to the stipulated punishment and her claims will be rejected. (Al-Muwatta, 5/1208)

This shows that even in cases where no perpetrator is accused of rape, whose innocence or guilt is under question, a very strong approach is taken in the verification of such claims. This only goes to show how seriously this crime is taken in Islam. 

3. Establishing rape through other forms of evidence

We shall now see if Islam permits the acceptance of evidence other than witnesses or not. It is alleged by the opponents of Islam that if a rape victim is not able to produce four witnesses to support her claim, she is subjected to strict ḥadd punishment for calumny (qadhf).

A very interesting incident in this regard can be found in the history of Islam, narrated by Imam Ibn Qayyim al-Jawziyya in his book Al-Turuq-ul-ukmiyyah.

During the Caliphate of Hazrat Umarra ibn al-Khattab, a woman became infatuated with a young man from Medina. But, despite her persistence in pursuing this man, he did not reciprocate her pining for a relationship.

Medina
Medina

Due to the young man’s refusal, she applied egg white to her garments and thighs before going to Hazrat Umarra claiming that she had been raped by the young man – exhibiting the stains on her garments as evidence against him. 

Hazrat Umarra referred her to some women to inspect her purported evidence. The women concluded that the stains appeared to be from seminal fluid. Upon this, Hazrat Umarra had intended to impose a punishment on the young man, but the young man denied such allegations and pleaded to Hazrat Umarra to further deliberate over his case and confirm the authenticity of the woman’s purported evidence. 

Hazrat Umarra then called upon Hazrat Alira to help in further investigating the claims. Hazrat Alira inspected her garments and poured hot water on the stains. The outcome cast doubt on the claim as the result was very similar to that of egg white. 

Hazrat Alira is said to have gone to the extent to have the result taste-tested before confirming that it was egg white that the woman had used as evidence to prove that she was raped. Upon this, Hazrat Alira strictly demanded her to speak the truth, which she eventually did. (Al-Turuq-ul-ukmiyyah fi al-Siyasat al-Shariʿah, Fasl fi suwari lil-hukam bil-firasah, p. 70)

The athaar (the sayings, actions and consent of the Companions of Prophet Muhammadsa) mentioned in Islamic history helps a reader to draw these important conclusions.

Firstly, in the absence of four witnesses, Hazrat Umarra and Hazrat Alira scrutinised the purported evidence. The procedure adopted clearly proves that although the testimony of witnesses or confession are the primary evidence to prove someone guilty or otherwise, the absence of preliminary types of evidence does not hinder further investigation of a serious crime like rape; nor is the woman subjected to ḥadd if she is not able to produce witnesses.

Secondly, Hazrat Umarra, after having viewed the evidence brought before him, did not make any mention of an Islamically stipulated punishment (ḥadd); rather, due to the absence of four witnesses in this case, the option of taʿzīr was considered which, as described above, is a discretionary punishment below the strictest Islamic punishment of ḥadd

Thirdly, we can ascertain the importance of scrutinising the authenticity of evidence in extreme detail. In cases where certain vile allegations are made, there needs to be firm contingencies in place that protect innocent people from calumnies such as rape.

Important note

The above is a theoretical debate based on Islamic jurisprudence and not advice for anyone to settle cases of such heinous crimes extra-judicially. The Ahmadiyya Muslim Community strongly believes that such criminal matters should be pursued through the law of the land.

(Content prepared and published under the responsibility of Al Hakam)

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29 COMMENTS

  1. Amazing article!! i hope there is part two to
    it, some additional evidences incorporating each and all cases of rape in the Islamic history. secondly including statements of the hakam and adl The Promised Messiah (as) and his successors.

    So far the incidents that i have come across where punishment was meted out was of two categories. 1-Individual is caught (through witnesses or circumstantial evidence) 2- the individual admits to it. and in both circumstances the punishment was meted out. Further it would be interesting to see how Islam deals with cases of rape relating to late reports where witnesses are not available and circumstantial evidence is also absent or not strong to convict an individual. (The verse about لعان is mentioned by the fourth khalifa to be the course of action in such a circumstance)

    It is definitely a sensitive topic and the chances of one being guilty and innocent are equal because where we have cases of genuine rape there are also false reports and forged accusations.

  2. As far as I have researched this topic the requirement of four witnesses is for adultery and not rape. It would seem important to mention that stoning is also not mentioned in the Quran as a punishment rather it is old testament that prescribes stoning as a punishment of adultery and 100 lashes is the punishment in Quran. Holy Prophet would settle cases where people of other religions were punished according to their scripture and that is where the concept of stoning came from.

  3. Salaam.

    The article does not refer to the primary sources of Islam, the Qur’an and Sunnah. It mainly quotes material from the schools of fiqh (i.e. jurisprudence).

    The last section entitled ‘Establishing rape through other forms of evidence’ contains a very interesting incident which corroborates the *circumstantial evidence* used to prove Yusuf a.s. innocent of the charge of attempted rape, i.e. his shirt torn from behind, as stated in the Holy Qur’an.

    Given the above, why is there a requirement to produce four witnesses as this is, and should be, for ‘zina’ rather than ‘ightisaab’?

  4. Assalamoaleikum. I think this article is leading to missunderstandings. For example how should a woman get four witnesses while getting raped? Secondly why the man is not punished by ‘Hadd’ when the rape is proven by other evidences? If these rules are not appliable and for our current time, why are they then published?

  5. Assalam o alaikum. I think the explanations given above do Islam a disservice. Rape in itself is something that happens in private. Those that commit this heinous crime do so behind closed doors, as they know, that if found out, they would be shunned from society.

    It would be, and is, impossible to find 4 witnesses. Rape, most commonly happens within families, including the elite, introducing additional layers of coersive control. I find it disturbing to read that Islam expects an individual who has already endured unspeakable trauma to further suffer, in order to attain appropriate justice.

    Further, the explanations above do not show Islamic teachings as those that preserve the wellbeing of society as a whole. With such extreme requirements to prove rape with repercussions on the victim, if they cannot bring forward enough evidence, only creates an environment where rape and abuse can continue without any accountability.

    When modern day statistics show that the rate of false rape accusations is between 5-10% of all reported rapes – and where only 35% of all rapes are actually reported – why is more care given to fasle accusations rather than proper justice for victims and creating a safer world for men, women and children?

    I think this article proves that the matter of rape is not well understood by islamic scholars. Much of it has been based on schools of thought and open to interpretation. More importantly – it is way overdue for women to have a seat at the table to consult and devise better rules.

      • I believe all accusations should be taken seriously. The article states ‘clear guidance has also been given regarding investigation, witnesses, evidence and clues etc. for establishing the crime’ however, I have never come across nor have we ever been educated on the details of what this guidance is – apart from req of 4 witnesses and bleeding of a virgin.

        I think matters such as this should be referred to professionals who have had training and experience in dealing with rape cases. Those that understand the psychology of victims of rape, their perpetrators and those who can effectively and unbiasedly conduct investigations.

        Seeing as providing 4 witnesses or the abuser admitting his crime is highly unlikely – the body that calls a discretionary judgement on other evidence/ the investigation, needs to be more inclusive of women and professionals in order to reach a sound decision. For the body to only consist of men from a certain generation/culture, without proper training is not conducive to justice.

        Finally – I don’t think the requirement of 4 witnesses should even exist. It’s unreasonable and not stated in the Quran.

        I agree with the Ahmaddiya Community that such matters should be pursued by the court of law. However, not every rape victim has that privilege – so for these individuals – the community has a responsibility to better understand rape crime and to establish a more robust, just system.

    • “It would be, and is, impossible to find 4 witnesses. Rape, most commonly happens within families, including the elite, introducing additional layers of coersive control. I find it disturbing to read that Islam expects an individual who has already endured unspeakable trauma to further suffer, in order to attain appropriate justice.”

      How do you think Zina is punished? Will you make the same claim against Zina?

      You have to understand that 4 witnesses is 1 of 3 ways a rapists can be convicted. Either both sides admit, or 4 witnesses, of there is clear undeniable evidence which a qadhi would judge on.

      • But we’re not talking about Zina. Zina is a consensual relationship by individuals out of wedlock. It’s not the same as rape and shouldn’t be treated as such. It also shouldn’t be discussed alongside rape, as it’s not the same. I’m not sure what you mean by your question, perhaps you can re-phrase it so I can better understand.

        To your second paragraph, I do understand that, which is why I’m raising objections.
        I don’t think the requirement of 4 witnesses should even exist. It is based on male scholars and completely unreasonable. It is not stated in the Quran and as far as I’m aware, is not mentioned in any Hadith.

        A Qadhi/Qadha board can hand out discretionally punishment – on any evidence. But again – who makes up this Qadha board?
        If these boards consist of only men from a certain age group/culture, who have no professional background in dealing with rape cases – is unlikely to lead to proper justice. To leave it up to a single man is even more worrying. The Qadha board must be more inclusive of women and professionals in order to reach a just decision.

    • “With such extreme requirements to prove rape with repercussions on the victim, if they cannot bring forward enough evidence, only creates an environment where rape and abuse can continue without any accountability.”
      I am sorry to say but what a ridiculous remark this is? Rape is a CRIME like other crimes. Every crime does require “enough evidence” to be proved and then be punished. What you are trying to say is that a crime like rape should be established by mere accusation and without any evidence. The article clearly mentions that it is a debate with reference to Islamic jurisprudence. It is not conclusive at all. Moreover, 4 witnesses are mentioned with reference to hadd alone. Other form of evidence i.e. circumstantial evidence as well as other form of conclusive evidence is applicable in all other cases. And the most important of all is the universal principle and maxim is that the accused is presumed to be innocent until proved guilty by the “enough evidence”.

      • What you are trying to say is that a crime like rape should be established by mere accusation and without any evidence??

        Where have I said that? And how have you interpreted what I’ve written to come to that conclusion? I would suggest you re-read my comment to better understand my argument. The irony is you are accusing me of saying something I clearly haven’t!

        My main objection is regarding the requirement of 4 witnesses. Even though it is only one requirement to attaining justice for the victim, it is unreasonable and not supported by Quran or hadith. It shouldn’t even be there.

        Please read my previous responses for how, as a community, we can do better for rape victims and create fairer systems to achieve justice.

  6. 1) As far as I have read, punishment for adultery is lashing and not stoning.

    2) Please explain how a woman is supposed to produce four witnesses while being raped?

    Jurisprudence and law are supposed to make sense, it must be rational, must be logical.

    So, requiring 4 witnesses to prove rape essentially means: Four people of unquestionable and pure character must stand around and watch the rape happen without intervening so afterwards the woman can ask for their testimonies to prove she is a victim.

    Does the article mean four witnesses must be produced who have witnessed the series of event or to corroborate key aspects of the case? That is, they have not winessed the actual rape itself but corroborating evidence?

    Is so, the article must clarify this.

  7. This article does not mention the modern methods that present day medical science offers to determine a rape claim. Can these be used or we are going to stick to these four 7th century imams? Every sane person will agree that innocent must be protected and an accuser’s accusations must be thoroughly tested before determining the guilt but at the same time there is no denying that insistance on four witnesses will abohoranntly fail to provide justic to a woman who was raped.
    It should also be acknowledged that present day ‘Me too’ movement has swung the pendulum too far to opposite direction. Men have been jailed on the testimony of a single woman decades after the incident while no hard scientific evidence was preserved at the time when incident happened.

    Provision of justice in a human society with 100 % accuracy, perhaps, can never be achieved. All reasonable methods should be used to reduce such crimes. But that is another entangled discussion.

  8. seems to me, 4 witnesses can probably only be produced in case of a sting operation on a serial rapist.

    Proving 4 witnesses in an indivisible that did a crime once would be impossible and most like fall under the “Tazir” category as this article describes.

    Please provide your own information on how rape accusations should be settled ?

  9. Assalamoaleikum. A few observations:
    1. As it is almost impossible for a woman to provide four witnesses I think we have to agree that the punishment for this crime will all most always be a discretionary one. Your article has only touched on the importance of ensuring false allegations are not allowed. It is a documented fact that more than 90% of allegations made are not false. The stigma of rape especially in our cultures is so strong that most women do not report even when it is true. A discretionary punishment is heavily dependant on the view of the judges thus making it very important that the composition of the body that sits in judgement is a good representation of society and includes professionals who are experienced in these matters and not a few old men. With advances in learning about the behaviour of people who are abused and how it leaves a lifelong impact, it is very important to have professionals dealing with such matters.
    Your article has not touched on how to investigate this crime when four witnesses or a confession are not available. Does this mean that the perpetrator is not to be investigated? The very loud message that this sends out to all rapists is that if they deny the crime they will go free. Men (its mostly men who rape) have to be held accountable for their actions or is the implication that only women lie. Further there should be no excuses for their behaviour. To say that a woman incited them by dressing badly or in any other way is not acceptable. God and our religion has given us the ability to judge between right and wrong and shun evil. All should be expected to live by these principles. Protection of the vulnerable, be they children or disturbed adults should be of paramount importance. Any abuse of the vulnerable should be severely punished. People in positions of power or influence should be treated with extra severity.
    2. Your definition of rape has an omission. It must be remembered that not only women get raped. Males, especially young boys are at a great risk too.
    3. Your article states that members are encouraged to go to the law with such problems. The law is restricted by what it can do. The police are only interested in cases they can prove in court even if they feel the complainant is telling the truth. They do not have to uphold any moral standards. ‘Islahi’ boards on the other hand have this responsibility.
    4. Lastly it is interesting to note that most males have found this article brilliant and informative while most females feel more explanation is needed.

    • Can I say as a male, I too concur that rape does not require 4 witnesses.
      The Quran clearly states that 4 witnesses are required to be produced by a witness to adultry which is consensual sex.
      The article has failed to address this completely …

  10. Assalamoaleikom. JazakAllah for a very insightful article. May Allah bless your efforts.

    Would it be possible to explain what Islamic jurisprudence defines as a witness. For instance, in the case of rape, is it required four eyewitnesses to the crime being committed or circumstantial witnesess that can witness about the victims condition post rape?

  11. 4 witnesses who watched the act of rape and did nothing to prevent it are of course not reliable. These witnesses actually needs to be prosecuted for not preventing a crime.

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