Is Victim of Rape Punished in Islam

Failure of Pakistani President in working out amendment to the country's Penal Code with regard to the crime of rape has attracted the attention of the saviors of Muslim women world wide. The President is charged of having bowed to the pressures of Islamic conservatives by failing to move the crime of rape from the sphere of Religious Laws to the country’s penal code.

What is the fuss really about?

The Hodood Laws of Pakistan make a rape victim liable to prosecution for adultery if she can not produce four male witnesses to prove the crime committed upon her. This law was introduced in 1979 by the then military ruler Mohammad Zia-ul-Haq. Of course it is unjust. The world – human rights groups, feminist groups and what not – all have joined hands to raise their voice against this abusive aspect of the Islamic Sharia once again. Seemingly good step indeed. Why should a raped woman be punished? For what crime? It is like punishing a person who is robbed of his belongings. It goes against the common sense.

But wait a minute. Islam has over 2 billion faithful to its ranks. How could they all adhere to a belief which is so oppressive towards their women? Should we not wait and think? Does Islamic Sharia really promote this?

Let us briefly see what the Islamic Sharia has to say on this. Requirement of bringing four witnesses is stated in the Noble Quran but in a completely different or rather the opposite scenario. Allah the Most Gracious states in His book:

“The woman and the man
Guilty of fornication,
Flog each of them
With a hundred stripes:
Let not compassion move you
In their case, in a matter
Prescribed by Allah,if you believe
In Allah and the Last Day:
And let a party
Of the Believers
Witness their punishment.”
Chapter 24 verse 2

The above verse clearly states that if adultery is proved both man and woman have to be punished. There is absolutely no difference in application of punishment between man or woman in Islam.

“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:”
Chapter 24 verse 4

Yes, Islam does state about bringing four witnesses but look carefully under what circumstances it is. Is it not clear as day that it is to protect the woman? Tarnishing someone’s honour particularly that of woman is considered a serious matter in Islam. If someone charges a woman of adultery then it has to backed up by four eyewitnesses. If he fails then it is he who will be subject to flogging for saying against the chastity of the woman. Moreover, thereafter he will be deprived of giving witness in all matters for ever unless he repents and reforms. See how the Noble Quran comes to the rescue of woman!

Raped women are not punished in Islam. Islamic sharia is not “bring four witnesses or set the accused free”. The raped woman is treated as victim and she is not expected to bring four witnesses. Her claim that she was raped would be prima facia accepted unless there are grounds to prove otherwise. If someone refutes her claim of innocence then the onus is upon him to provide evidence. So under an Islamic State where the Sharia is implemented in true form, where there is a case of rape and the culprit is identified and proved then he will be punished. The discretion is upon the presiding judge who awards the punishment ranging from flogging to execution depending upon the case.

The fact that the hudood laws of Pakistan have such a rulings means that they have nothing to do with Islam. Such laws are based upon tribal customs who are very dominant there. The truth of the matter is that if Islam is implemented completely in accordance with the Noble Quran and the Sunnah ((sayings of the Prophet peace be upon him)) it will lead to a more peaceful and prosperous world.