What do you think about this hadith regarding rape?

Question

http://www.bismikaallahuma.org/archives/2006/does-islam-require-four-witnesses-for-rape/

An event concerning rape had in fact led towards the Prophet Muhammad (P) punishing a rapist without demanding or even hinting for four witnesses:

"Narrated Wa’il ibn Hujr: "When a woman went out in the time of the Prophet (P) 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 (P).

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 [Abu Dawud said: "meaning the man who was seized"], and of the man who had had intercourse with her, he said: "Stone him to death."4

It should also be noted that it was related by Ibn Abi Shaybah through Târiq b. Shahab that a woman accused with adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman.5

Based on the above sayings of the Prophet (P) and the events associated with it, the jurist Ibn Qudamah had stated as follows in his book al-Mughnî:

"If a woman becomes pregnant without having a husband or a master, she may not be punished and, in stead, she should be asked about it, if she claimed that she was coerced into it or that she committed adultery under dubious circumstances, or if she simply does not confess adultery then she will not be punished.

This is the saying of Abu Hanîfah and al-Shâfi`î, because she may be pregnant as a result of a forceful intercourse or dubious circumstances. Punishment will be abandoned in case suspicion exists. It is well known that a woman could become pregnant without committing the real intercourse. The woman may become pregnant if sperm is manually inserted into her vagina. This would explain how a virgin becomes pregnant."

We can now see that a testimony of the raped woman suffices in exonerating her from adultery and that Islam recognises the crime of rape and that a raped woman will not be punished for such a crime that was inflicted upon her.

Answer 1

i know the west is very very liberal when it comes to rape, but here we hang rapists, we don't feed them, shelter them, treat them medically, we hang them. they hang beside the molesters, murderers, and drug dealers.

Answer 2

No, this story doesn't refute the requirement for four witnesses, because in this case the rapist confessed - the case wasn't, in effect, contested. It was the assailant's own testimony that condemned him.

I'd challenge a legal system that prescribes being stoned to death for anything, including rape. I've never seen a stoning in real life, but I've seen videos. It's the most revolting thing I've ever seen. For all concerned.

And I have a lot of problems with a system that applies harsh sanctions on anyone involved in consensual sex, let alone a victim of non-consensual sex. Or that places the onus on a person "accused" of consensual sex to demonstrate that it was non-consensual.

Answer 3

Gee, how nice, the victims don't get stoned for pre marital sex. You asked, my answer is that this is a very medieval religion with a heritage of blood atonement. This illustrates what a better world it would be without religion and why we should resist this form of fascism.

Answer 4

more cut and paste? and who cares? tell that to the goverments of the islamic countries your just doing nothing up here most people know its against rape and murder who cares?

Answer 5

So, why are raped women being stoned to death in Muslim countries?

And don't say that it isn't happening because it is.

Answer 6

This was a bit too long and I really didn't understand the quesrion, if there was one, sorry.

Cheers!

ST

Answer 7

Hey, Muslim, get the hell out of this forum. We don't need you here! Go back to your country and rape your women over there! I've read the Koran, talked to Muslims, and I've SEEN how they treat women worse than dirt. Don't come back here again talking about rape or anything else ever again.

Answer 8

Excellent....good job to reply the negative propoganda of west. Thanks for adding my knowledge.

Answer 9

The Koran is all about rape, murder, violence, hate etc