When reviewing the hadith on rape I discovered that there is no need for witnesses.The word of the victim is taken..
The punishment for rape falls into a different category. It is not zina. Rape is a hiraba
The four scholars have agreed upon this.
Zina is not hiraba. It is not taking the property of another. It requires the witness. It is secret unless the parties admit their guilt.
As for the child born of rape. Does our faith not tell us to take care of the orphan? Why not man up and raise a child in the right way? Why not love an innocent for simply the Love and Fear of Allah.
When reviewing the hadith on rape I discovered that there is no need for witnesses. The word of the victim is taken. The punishment for rape falls into a different category. It is not zina. Rape is a hiraba. The four scholars have agreed upon this. It is an assault on another human being. The victim at times could not identify the assailant and was not held responisble. The greatest scholars of Islam protected women hence, the woman was given restitution. Rape is a crime against society. It transgresses morality and makes the community unsafe.
The Prophet, swas, believed the woman. Bukhari.
If you take the time to read Imam Malik decisions have been accepted by most in Islam. Iman Ali's decisions provided protection to women. Iman Hazan has views that are consistent with the body of jurisprudence.
And once again I reiterate my point. The body of evidence in Islam suggests that rape comes under the umbrella of robbery. ( To the point of intention).
That is the only point I wish to make. That the intelligence of Islam protects victims of rape. Rape is more so a public crime.
Please take the time to read these scholars. They make perfect sense and protect women.
A woman accused someone of rape and Prophet Muhammad believed her testimony and without four (4) witnesses gave the penalty of Hadd and this is in Saheeh Bukhari?
Please produce this Hadeeth as I am not a Scholar and not come across it.
Sunan Abu Dawud , prescribed punishment :38 , no. 4366
Narrated Wa'il ibn Hujr: When a woman went out in the time of the Prophet (peace_be_upon_him) for prayer, a man attacked her and overpowered (raped) her. She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the Emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her. She said: Yes, this is he. Then they brought him to the Apostle of Allah (peace_be_upon_him). When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Apostle of Allah, I am the man who did it to her. He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death. He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.
I've just read this, but i didn't find an explanation for this and sister is right the word of single woman is taken as truth but in case of zina not rape .. I mean in case of an unmarried woman who is found to be pregnant, and who claims that she had been raped but cannot name her assailant and if there was no way to verify the woman’s claim then it would be better to release her .