Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamu`alaikum
Does a women who claims to have been raped has to produce 4 reliable muslim males as witnesses to avoid being punished under hudud law? or is it the responsibility of the accusor to produce the required number of witnesses to the alleged crime? or does come under hudud law at all?

Thank you! Wassalam.

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Answer:

Rape and produce 4 witnesses

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Q-1: Does a women who claims to have been raped has to produce 4 reliable muslim males as witnesses to avoid being punished under hudud law?

If a woman claims that she has been raped, she does not have to bring any witnesses to prove her claim; her word will be taken as truth without the need of any witnesses whatsoever. And because she claimed she was raped, she will be treated honorably and free of any wrong doing whatsoever. There is absolutely no question of any punishment for her, because she was the innocent party and a victim of the heinous crime committed against her.

But if the woman who is raped accuses that so and so specific person or people raped her, then there are only two ways an Islamic Court can convict the accused rapist/s:

The accused rapist confesses to his heinous crime; or

she produces four witnesses to justify her claim that so and so person raped her.

If the accused rapist does not confess, and the woman is unable to produce the four witnesses; then the Court can levy upon her the case of ‘kazaf’ or falsely accusing somebody.

Under no circumstances can a woman who claims she was raped be charged, accused, convicted, or punished for ‘zina’ (fornication or adultery) in an Islamic Court of Law. All she has to do is say that she was raped, and her word will be taken as the truth.

Q-2: or is it the responsibility of the accusor to produce the required number of witnesses to the alleged crime?

Even in the normal courts of this world, the burden to produce the proof always lies upon the one who accuses the other of a crime. In a rape case, it is the woman who accuses that so and so specific person or people raped her, thus she will have to produce the witnesses to enable the Islamic Court to convict the rapist/s.

But if the Islamic State bring a case of immorality against the woman who was raped, all she has to do is declare in a Shariah Court that she was raped, and the Judge will hold her absolutely free of any wrong-doing whatsoever.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan