Zina In Islamic Law: Definition, Requirements For Proof of Zina And Punishment:
- The Zina Ordinance, as defined by the statutory criminal law of Pakistan, deals
with fornication, adultery and rape and provides evidentiary requirements and
punishments for them, treating them as related offences. It specifies the punishments of
stoning to death or public flogging for both offenses if certain evidentiary requirements
are fulfilled.
However, by looking at the Pakistani legislation, it appears that the legal
definition of zina blurs the distinction between zina and rape. For the purpose of the
ordinance, both acts of zina and zina-bi’l-jabr (forced illicit sexual relations, i.e., rape)
are defined as “sexual intercourse without being validly married.” Clearly, the only
difference between the two acts (and it is a major difference) is that rape occurs without
consent. This difference has major legal implications.
Indeed, under current Pakistani law
if a woman cannot prove that the sexual act occurred without her consent (i.e., if she
cannot prove that she was indeed raped), the sexual act itself becomes a crime against
society and therefore, the woman becomes liable for the hadd of zina.
As a result of this approach, instead of protecting Muslim women from violence
and rape, Pakistani zina laws effectively punish raped women for reporting crimes
against them and their families. Consequently, these laws have a devastating effect on
the reporting of such crimes. Further, Pakistani rape laws have proven to be counterproductive over the years, having resulted in an alarming increase in rape. Once we
know that in Muslim societies, acts of rape typically do not impact the individual woman
alone, but severely impact her extended family as well, we start perceiving the alarming
scope of the problem. Yet the ideal Muslim state is not one where reports of crimes are
decreased for fear of retaliation or punishment. Rather, it is a state in which each victim
is encouraged to appeal to the wali (head of state), the qadi (the judiciary), or ahl al-hall
wa al-‘aqd (community leaders/ representatives of the people), for justice and relief in
accordance with divine ‘adalah
Clearly, the roots of the problem are not religious, but are found in a Jahili3
behavior in society which must be uprooted. They can also be found in the erroneous
application of basic Shari’ah principles to the evidentiary requirements and the
assignment of the burden of proof in rape cases. As these stand, they place an
unreasonably heavy burden on the victimized woman. Furthermore, rape laws in
Pakistan commit a serious conceptual error by conflating the crimes of rape and zina,
something that traditional jurists were keen not to do. The cumulative effect of these
errors, combined with Jahili behavior, has resulted in grave harm to Pakistani women and
their families. This unfortunate state of affairs is intolerable for the maslahah (wellbeing) of the ummah, and must be addressed by the wali, the qadis, and ahl al-hall wa al-
‘aqd through both extensive education and the promulgation of better, more effective
laws.
https://karamah.org/wp-content/uplo...gal-Analysis-of-the-Rape-Laws-in-Pakistan.pdf
* So in Pakistan - if a woman is raped and does not have 4 men as witnesses - (no women are allowed as witnesses) - to the rape in the court - and she falls pregnant - and is unmarried - then she is accused of zina - she then can be stoned to death?!! - most of these Pakistani rapists/groomers grew up in Pakistan - so were used to the ridiculous rape laws in their own country - then come to England and still abide by what they think is acceptable and what they can get away with under Sharia law IN ENGLAND - and behave atrociously towards the English girls - as if they were still in Pakistan - do we really need more men with this mind-set in the UK? - Those of us with young daughters particularly - say no -
- The Zina Ordinance, as defined by the statutory criminal law of Pakistan, deals
with fornication, adultery and rape and provides evidentiary requirements and
punishments for them, treating them as related offences. It specifies the punishments of
stoning to death or public flogging for both offenses if certain evidentiary requirements
are fulfilled.
However, by looking at the Pakistani legislation, it appears that the legal
definition of zina blurs the distinction between zina and rape. For the purpose of the
ordinance, both acts of zina and zina-bi’l-jabr (forced illicit sexual relations, i.e., rape)
are defined as “sexual intercourse without being validly married.” Clearly, the only
difference between the two acts (and it is a major difference) is that rape occurs without
consent. This difference has major legal implications.
Indeed, under current Pakistani law
if a woman cannot prove that the sexual act occurred without her consent (i.e., if she
cannot prove that she was indeed raped), the sexual act itself becomes a crime against
society and therefore, the woman becomes liable for the hadd of zina.
As a result of this approach, instead of protecting Muslim women from violence
and rape, Pakistani zina laws effectively punish raped women for reporting crimes
against them and their families. Consequently, these laws have a devastating effect on
the reporting of such crimes. Further, Pakistani rape laws have proven to be counterproductive over the years, having resulted in an alarming increase in rape. Once we
know that in Muslim societies, acts of rape typically do not impact the individual woman
alone, but severely impact her extended family as well, we start perceiving the alarming
scope of the problem. Yet the ideal Muslim state is not one where reports of crimes are
decreased for fear of retaliation or punishment. Rather, it is a state in which each victim
is encouraged to appeal to the wali (head of state), the qadi (the judiciary), or ahl al-hall
wa al-‘aqd (community leaders/ representatives of the people), for justice and relief in
accordance with divine ‘adalah
Clearly, the roots of the problem are not religious, but are found in a Jahili3
behavior in society which must be uprooted. They can also be found in the erroneous
application of basic Shari’ah principles to the evidentiary requirements and the
assignment of the burden of proof in rape cases. As these stand, they place an
unreasonably heavy burden on the victimized woman. Furthermore, rape laws in
Pakistan commit a serious conceptual error by conflating the crimes of rape and zina,
something that traditional jurists were keen not to do. The cumulative effect of these
errors, combined with Jahili behavior, has resulted in grave harm to Pakistani women and
their families. This unfortunate state of affairs is intolerable for the maslahah (wellbeing) of the ummah, and must be addressed by the wali, the qadis, and ahl al-hall wa al-
‘aqd through both extensive education and the promulgation of better, more effective
laws.
https://karamah.org/wp-content/uplo...gal-Analysis-of-the-Rape-Laws-in-Pakistan.pdf
* So in Pakistan - if a woman is raped and does not have 4 men as witnesses - (no women are allowed as witnesses) - to the rape in the court - and she falls pregnant - and is unmarried - then she is accused of zina - she then can be stoned to death?!! - most of these Pakistani rapists/groomers grew up in Pakistan - so were used to the ridiculous rape laws in their own country - then come to England and still abide by what they think is acceptable and what they can get away with under Sharia law IN ENGLAND - and behave atrociously towards the English girls - as if they were still in Pakistan - do we really need more men with this mind-set in the UK? - Those of us with young daughters particularly - say no -
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