Muslims in Pakistan stand up for rapists' rights

[inJESUS]

Can somebody explain why the Quran, the scripture which contain scientifically accurate ideas, misses out on DNA? or ain’t we got him now?

it surely talks about DNA. They still didn’t find the passage that can be streched enough to reveal this miracle

 

[Linda_Marie]

This is the law in Pakistan which is proposed to be amended:.
page 34
The Offence of Zina (Enforcement of Hudood) Ordinance 8 (VII OF 1979) (10th February, 1979)
An Ordinance to bring in conformity with the injunctions of Islam the law relating to the offence of ‘Zina’ …]

1. Short title, extent and commencement: (1) This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.
   (2) It extends to the whole of Pakistan.
   (3) It shall come into force on the twelfth day of Rabi ul-Awwal, 1399 Hijri, that is, the tenth day of February. 1979.
2. Definitions: In this Ordinance, unless there is anything repugnant in the subject or context.-
   (a) “adult” means a 0 person who has attained, being, a male, the age of eighteen years or, being a female; the age of sixteen years, or has attained puberty.
   (b) “hadd” means punishment ordained by the Holy Qur’an or Sunnah.
   (c) “marriage” means marriage which is not void according to the personal law-of the parties, and “married” shall be construed accordingly.
   (d) “muhsan” means-
   (i) A Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult who, at the time he had sexual intercourse with her, was married to him and was not insane; or
   (ii) a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man, who at the time she had sexual intercourse with him, was married to her and was not insane; and
   (e) “tazir" means any punishment other than hadd, and all other terms and expressions not defined in this Ordinance shall have the same meaning as in the Pakistan Penal
   Code (Act XLV of 1860), or the Code of Criminal Procedure, 1898 (Act V of 1898).
3. Ordinance to override other laws: The provisions of this Ordinance shall have effect not with standing anything contained in any other Jaw for the time being, in force.
   [4 & 5 definitions of zina or adultery]
4. Zina-bil-jabr: (1) A person is said to commit zina-bil-jabr if he or she has sexual intercourse with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:
   (a) against the will of the victim;
   (b) without the consent of the victim ;
   (c) with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of, hurt ; or
   (d) with the consent of the victim, when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is or believes herself or himself to be validly married: Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of zina-bil-jabr.
   (2). Zina-bil-jabr is zina-bil-jabr liable to hadd if, it is committed in the circumstances specified in sub-section (1) of Section 5.
   (3) Whoever is guilty of zina-bil-jabr liable to hadd shall subject to the provisions of this Ordinance-
   (a) if he or she is not muhsan, be stoned to death at a public place; or
   (b) if he or she is not muhsan, be punished with whipping numbering one hundred stripes, at a public place, and with such other punishment, including the sentence of death, as the Court may deem fit having regard to the circumstances of the case,
   (4) No punishment under sub-section (3) shall be executed until it has been confirmed by the Court to, which an appeal from the order of conviction lies; and if the punishment be of whipping, until it is confirmed and executed, the convict shall be dealt, with in the same manner as if sentenced to simple imprisonment,
5. Punishment for zina or zina-bil-jabr where convict is not an adult: A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding thirty stripes: Provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years, the punishment of whipping shall be awarded with or without any other punishment.
   8**. Proof of zina or zina-bil-jabr liable to hadd:
   Proof of zina or zina-bil-jabr liable to hadd shall be in one of the following forms namely:-
   (a) the accused makes before a Court- of competent jurisdiction a confession of the commission of the offence; or
   (b) at least four Muslim adult male witnesses about whom the Court is satisfied, having regard to the requirements of tazkiyah-al-shuhood, that they are truthful persons and
   abstain from major-sins (kabair), give evidence as eye-witnesses of the act of penetration necessary to the offence** Provided that, if the accused is a non-Muslim the eyewitnesses may be non-Muslims.
   cii.gov.pk/hudood/HOO_1979.pdf

One of the cruelest twists is that if he is acquitted, she has confessed to zina in court and is subject to either flogging or death by stoning - a lose-lose situation. With DNA not admissable, he goes free since they cannot prove it was him without witnesses.

 

[Reuben_J]

it surely talks about DNA. They still didn’t find the passage that can be streched enough to reveal this miracle

No I’m sure it doesn’t on this one because then Mo would not have to go to great length with the ridiculous 4 witnesses . On the other hand maybe the Quran is not serious about the 4 witnesses thing, maybe it’s just a prank to just say there’s no avenue to justice for rape victims.

If it serious then it goes to show Mohammad/Quran plain ignorance about people! No rapist, unless a nut, would do it in front of people. Unthinkable! I mean the Quran’s logic.

 

[inJESUS]

No I’m sure it doesn’t on this one because then Mo would not have to go to great length with the ridiculous 4 witnesses . On the other hand maybe the Quran is not serious about the 4 witnesses thing, maybe it’s just a prank to just say there’s no avenue to justice for rape victims.

If it serious then it goes to show Mohammad/Quran plain ignorance about people! No rapist, unless a nut, would do it in front of people. Unthinkable! I mean the Quran’s logic.

it’s not in Quran as far as i know. It’s in hadith…and since some ahadith are contradictory, this issue is not settled yet, i guess…i tried to research it, i only got contradictory statements.

 

[Damascus]

I just got a cold chill thinking that maybe rape in front of many witnesses was common at one time in Muslim culture and that is why Muhhammed thought coming up with 4 witnesses or even 2 was a no brainer.

The thing is, as someone else mentioned, how could they sit back and watch the whole thing?

I think the witnesses ought to be charged with doing nothing to protect a fellow muslim or fellow neighbor from harm, and that should be criminal.

The more I ask questions and think about all this, the more bizzare it seems to me and I realize its only going to make less and less sense the more I find out.