Can I criticise?(Islamic Laws on Rape and Fornication)

[Living Soul]

:salam2:

Bothers and Sisters in Islam I need your guide lines as am doing my research

on 'Pakistan's Law against Women'. The cases of Rape and Fornication had to

be decided under "Hadood Ordinance 1979" (islamic law). But since the there is aparently no rule of law in Pakistan and the law enforcement agencies are mostly curropt. It has been impossible for the female victim to prove her rape case under the Hadood ordinance because it requires her to bring 4 eye witnesses of pious character who actually have seen the penetration and in case she fails to prove she is given punishment under the crime of adultry and put in jail. The west and many people in Pakistan are against such law which apparently seems biased and against the humanity. President Mushararf
has amended the Hadood laws regarding the rape and fornication cases and the victim no more need to bring four eye witnesses and the case will be decided under the civil court.

Now am confused regarding the authenticity of Hadood ordinance 1979 in Pakistan before its amendment under 'Women's protection Bill".

I dont want to criticise Hadood Ordinance itself if it is according to Quran and Sunnah. But Yes I can criticise its misinterpretation and misconception.

Need your guidance.

 

[Living Soul]

:salam2:

Jazakallaho khairn for the response and suggestions. Yes I will do the comparative too InshAllah. And also Allah says in the Quran, dont remember the Sura, that if any one accuse any "chaste" women of adultry then he needs to bringing 4 eye witnesses of pious character to prove his accusation.
Allah protects the chaste women from false allegations.

The law is not for the women who accuses somebody for rape.

Correct me if I am wrong.

 

[Hard Rock Moslem]

Alhamdulillah, all praises to Allah alone. We've have been struggling here in M'sia to have this law in place and implemented. This is popular topic for debate during election here for both supporting this law and those oppossing this law including non-Muslim. Good to know Islamic shariah law is already there and is being implemented in Pakistan.

Yes you can criticise if the law do not follow the shariah law. But it is better for those Islamic scholars to make the comments as they are knowledgable instead of civilian like us.

...And whoever transgresses the limits ordained by Allah, then such are the wrong-doers. (Holy Qur'an 2.229)

It is imperative from the above verse that rejecting Allah's law is kufr. As said above, if we critisize the implementation which is not in accordance with shariah or sunnah, then we may not fall under the above category of kufr.

Sister, I'm not good about law but aware the basic principle of law is "let 100 criminal escape but do not punish single innocent". This is famous saying in secular law, I used hear this from the lawyers and in TV drama. But you will only find this being implemented in Islamic law. In secular law, one eyewitness will do to make an innocent being jailed or hang to death for something he/she may not have committed.

Islamic law also protects the modesty of the victim, unlike secular law the defending lawyer will humiliate and make fun of the rape victim in court of law by asking....needless to say....until the victim burst into tears and could no longer give evidence.

I'm aware Islamic shariah law requires 4 eyewitnesses and these eyewitnesses must be pious muslims (correct me if I'm wrong), I think this may not possible today. But on the other hand, this will prevent false charges, say someone wanted to take vangeance against the other, he/she will not be able to influence pious muslims to come fwd as witnesses hence innocents are not victimised. But this is not the case under secular law, with money sometime you can buy witnessess. He can be drinker, womaniser but his evidence will be admitted into the court of law.

But in my opinion, the advancement in technology and scientific evidence should be included in shariah law e.g. DNA test. Perhaps there are fatwa but I'm not aware. I stand to be corrected if my view is unacceptable.

 

[~Naz~]

:salam2:

And also Allah says in the Quran, dont remember the Sura, that if any one accuse any "chaste" women of adultry then he needs to bringing 4 eye witnesses of pious character to prove his accusation.

I believe this is the ayah

And those who accuse honourable women but bring not four witnesses, scourge them (with) eighty stripes and never (afterward) accept their testimony - They indeed are evil-doers - (Q24:4)

The beginning of surah en-noor (chapter 24) talks about adultery,fornication and slandering.

 

[Rashadi]

salaam aleykom, such law is totally wrong and unfair. the 4 witnesses is not for a woman who has been raped but rather in cases where there is an accusation of zina. sharia is not unjust nor corrupt but the divine laws from the most Wise. all the leaders and governments are corrupt and not one of them live by sharia.