So a woman can just say in court that a man raped her. She will be believed and he will be executed? In this case it is the man’s word against her word. In Islam it takes the word of 2 women to equal that of one man.
She has no burden of poof that a rape occured?
Please clarify because i don’t think this is correct.
The punishment for rape in Islam is the same as the punishment for zina (adultery or fornication), which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.
Moreover, Ibn `Abdul-Barr (may Allah bless his soul) said
The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (that is, if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her. (Al-Istidhkaar, 7/146).
In addition, the rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knifepoint or gunpoint. If the use of a weapon was threatened, then he is a muharib, and is to be subjected to the hadd punishment described in the verse in which Allah says (The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter) (Al-Ma’idah 5:33).
So the judge has the choice of the four punishments mentioned in this verse and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.
In Islam, we are not allowed to tarnish the honor of anyone. One is required to produce four witnesses when making an allegation of adultery against another person; otherwise, one will be guilty of slandering.
A raped woman is a victim that must be treated with honor and kindness. She is not required to produce four witnesses to prove the crime done against her, nor is she punished for the crime done against her.
If a person makes an allegation of adultery against another person (male or female) he or she must produce four witnesses to support such an allegation; otherwise, he or she is guilty of slandering, which is a grave offense in Islam, for we are not to tarnish the honor of anyone.
A woman who has been raped cannot be asked to produce witnesses; her claim shall be accepted unless there are tangible grounds to prove otherwise. To insist that she provide witnesses is akin to inflicting further pain on her. If anyone refutes her claim of innocence, the onus is on him to provide evidence, and she may simply deny the claim by making a solemn oath, thus clearing herself in public. The Prophet (peace and blessings be upon him) said, “The onus to provide evidence falls on the one who makes a claim, and the one who denies (the same) can absolve himself or herself by making a solemn oath to the contrary.”
As for a spouse who witnesses his or her partner committing adultery and the other party denies it and they are unable to provide witnesses, they are, if they so desire, to part company by repudiating each other by engaging in what is known as a solemn oath and prayer of curse (li`an). It is described thus in the Qur’an: “And those who accuse their wives, and have no witnesses but themselves, then the testimony of each of them shall be a testimony sworn by God repeated four times, that he is indeed truthful. And the fifth (oath) is that God’s curse be upon him if he is lying. And it shall avert punishment from her that she testify a testimony repeated and sworn by God four times, that he is lying. And a fifth (oath) that the wrath of God be upon her, if he has spoken the truth” (An-Nur: 6-9).