Rape and witnesses
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Salam all
Verse (2413), which demands clearly 4 witnesses to justify the rape, while (2413) states very clearly that if the victim could not bring the witnesses, then she is not telling the truth and the punishment is stoning until death! Can anyone conceive of any circumstances where the culprit would bring with him 4 witnesses to watch the rape to incriminate himself by asking them to watch and become witnesses to the crime?
What is the solution if there is no 4 withnesses?
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I am modifying my post because it is a translation thing, even in english. If you read from the beginning of the Surah you will see it is about Adultery and NOT rape. Also it varies on translations. If I may ask whose translation are you using? Perhaps you are using Shakir or Ali?
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Salam all
Verse (2413), which demands clearly 4 witnesses to justify the rape, while (2413) states very clearly that if the victim could not bring the witnesses, then she is not telling the truth and the punishment is stoning until death! Can anyone conceive of any circumstances where the culprit would bring with him 4 witnesses to watch the rape to incriminate himself by asking them to watch and become witnesses to the crime?
What is the solution if there is no 4 withnesses?
There is no reason why the verse should be taken as a way to deal with a rape case, rather in the context is shown how to deal with baseless slander with no evidence. Witnesses in the context of that sura can also be taken to mean evidence. When you accuse someone of something, be it promiscuity or thievery etc, you do bring forth your evidence whether it involves people or not. Based on the strength of such you can take further action.
http//free-minds.org/forum/index.php?topic=9598245.30
The quraan states punishment for murder, manslaughter, stealing but did not elaborate on how to prove it. This is left for investigations based on all available tools to the said society at the said era. Rape is neither zina nor false accusation of fornication, where four witnesses are required, so it should be proven by all available means. As for punishment, it's like many more crimes for which punishment is not described again left for the society on condition that it should be equal to the crime and does not go beyond the limits set by the quraan.
Btw, where is stoning to death mentioned?