Serious A disturbing news of rape and more disturbing penalty

[saif]

Assalamu alaikum

Since I am in discussion about rape and its penalty in another thread, I want to post this disturbing news here to get back to it, when I will get more time to analyze the whole incident.

http://www.dawn.com/news/1244635/man-gets-10-years-for-raping-niece

Like everybody, you will ask, how could he get away with just 10 years of imprisonment? I will discuss in detail in this thread, that the so called "islamic law of Shahadah" in Pakistan is the real culprit. Since the poor teenage girl could not provide 4 wittnesses, no hadd could be applied. Since the crime is proved by a DNA-test, which our mullahs do not recognize for hadd punishments, the culprit could get away with a ta'zeer.

The girl has been lucky for not getting any punishment, since the pregnancy is accepted as an evidence for hadd. Zafran Bibi, another mother was not so lucky and she was stipulated with rajm after birth of a child:

http://www.theguardian.com/world/2002/may/12/theobserver

Please bear with me and I will get back for a detailed analysis.

 

[saif]

Assalamu alaikum

The law of shahaadah in Pakistan requires from everybody who alleges adultery on somebody to bring 4 muslim men wittnesses, who have never done a major sin. It also requires 4 wittnesses from women, who report a rape. Now, if they cannot bring 4 wittnesses, they can be procecuted for zina, if they get pregnant from rape and they can also get flogged 80 times for qadhf.

See in the following video, which is in Urdu, somebody as eminent as the ameer of Jamaat-e-Islami Pakistan, Syed Munawar Hassan is suggesting, that a rape victim should keep silent, if she does not have 4 wittnesses:

Suppose, if the victim gets pregnant, Mr. Munawar Hassan will be the first to throw stone on her after 9 months of silence after rape.

Such is the understanding of Islam of these mullahs.

With the present law it is possible for anybody to enter in a christian's home, bind all their men and rape all their women before their eyes and get scott-free. This is because the law will not accept their wittnesses.

The present law says, hadd can only be applied, if the crime is proved by 4 wittnesses. If it is proved by circumstancial evidence, tazeer will apply. That means the manner of proof decides the hardness of the punishment. This is so non-sense. This will be kept in the museum of law. Either something is proved or not proved. Nothing is half-proved.

This is what has happened in the case posted in my first post. Hadd could not be applied, because of missing 4 wittnesses. Practically, it means, hadd can never be applied...

Sad but true.

Wassalamu alaikum

 

[saif]

Assalamu alaikum,

I am interested to know, how the shariah law is interpreted in other countries? What happens with women, if they cannot bring 4 wittnesses. What happens, when they get pregnant from rape but they have no 4 wittnesses to prove, they were raped?

You don't want to tell me, that Pakistan is the only place, where rapes happen?

Wassalamu alaikum