Sister,
Two things:
First, I did not post anything from the site which you have posted from above...
And secondly, even that site [which you have posted from] does not say that rape victims should be stoned to death, it states an opinion of a certain 'Mufti Muneeb' that the perpetrator of rape [probably meaning if the raper is a married person] should be stoned to death [and not the victim]. And it states an opinion of a certain 'Javed Ahmed Ghamidi' that a rapist [not the victim of a rapist] commits adultery as well [probably meaning that the rapist commits adultery as well if the rapist is a married person].
The site which i posted from, is a site run by Scholars of the Deobandi Madrasah in India who adhere to the hanafi Madhab. The Deobandi Madrasah is a world renouned Madrasah that is held in high regards by great Scholars all around the world. Even Sheikh Yusuf Al-Qaradawi reffered to this School to back up one of his fatwas.
Here is the views regarding rape, from the Hanafi Scholars of Deoband [and the following views probably puts the above views into context]:
1) The Holy Quran prescribes the punishment of adultery in Surah Noor as under
In this injunction the word zina is absolute and includes zina bil-raza (adultery) as well as zina bil jabar (rape). In fact it is common sense that rape is a more serious offense than what is done with free will. Therefore, when this punishment is prescribed for adultery with free will, the punishment for rape should be even more severe.
Although in this injunction there is also mention of the woman who commits adultery but in the same surah (Noor) those woman are raped have been exempted from any punishment. Therefore the Holy Quran says:
From this becomes clear that if any woman is forced to commit Zina, then she cannot be punished for this, rather the one who transgressed will have to suffer the prescribed punishment (Hadd) which has been mentioned in Surah Noor, Ayat 2.
2. The stated Hadd of 100 stripes is to be inflicted on an unmarried offender. From the Sunnah Mutawatar is further proven that a married person is to suffer Rajm, i.e., lapidating in case he commits Zina. The Messenger of Allah sallallahu alaihi wa sallam did, in this case has not differentiate between Zina bil Jabr (rape) and Zina bir-Radha (adultery with mutual consent).
Imam Tirmidhi related this Hadith in his Jami with two different chains of transmission, and he declared the second chain of transmission as reliable. (Jami Tirmidhi, Kitabul Hadd, Bab 22, Hadith nr. 1453, 1454)
3. In the Sahih Bukhari is a tradition according to which a slave had raped a slave-girl. Sayyidina Umar radiallahu anhu then imposed the Hadd on the slave, but not on the slave-girl. (Sahih Bukhari, Kitabul Ikrah, Bab 6)
It is hence proven from the Holy Qur’an, the Sunnah of Allah’s Messenger sallallahu alaihi wa sallam, the decisions of the rightly guided caliphs and the noble companions radiallahu anhum that the same punishment which is to be inflicted in case of Zina bir-Radha is also to be inflicted in case of Zina bil Jabr. It is by no means in order to say that the Hadd mentioned in the Holy Qur’an and in the sacred Ahadith is to be inflicted only in case of Zina bir-Radh; and that it is not applicable in case of Zina bil Jabr.
Now arises the question why is there so much insistence on abolishing the shara’i punishment for Zina bil Jabr? The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented. According to this propaganda, if any rape victim intends to sue the offender under the Hudood ordinance, she is asked to produce four witnesses to support her claim. And if she fails to do so, she herself is arrested rather than the offender. This claim has been and is repeated incessantly, so far that even educated people began to consider it as true. And exactly this point has been used as justification by our president during his speech.
Now if as a result of such propaganda a certain matter is publicized so much that even the children on the streets talk about it, and then people tend to view anyone who talks against it as insane. But if anyone wishes to analyze the matter in a just way, then I would like to request him to leave all propaganda aside for a while, and consider the following points:
The fact of the matter is that I myself have been directly hearing cases registered under Hudood Ordinance, first as a Judge of Federal Shariah Court and then for 17 years as a member of Shariah Appellate Bench of the Supreme Court. In this long tenure, not once did I come across a case in which a rape victim was awarded punishment because she was unable to present four witnesses. It was actually not possible only because of Hudood Ordinance because according to Hudood Ordinance the condition of four witnesses was necessary only to enforce the Shariah punishment (hadd). But at the same time clause 10(3) was included to award the taa’zeeri punishment which did not have the condition of four witnesses. Instead the crime could be proven through one witness, medical examination and chemical analysis report. Consequently most of the rape criminals were awarded punishment as per this clause.
What we need to think is that if a woman was unable to present four witnesses and she was given punishment, which clause of Hudood Ordinance was used to award her the punishment? If anyone says that she was punished because of Qazaf (false accusation of rape) then Qazaf Ordinance, Clause no. 3, Exemption no. 2 clearly states that if someone approaches the legal authorities with a rape complaint, she cannot be punished in case she is unable to present 4 witnesses. No court of law can be in its right mind to award such a punishment. The other possibility could be that the woman is awarded punishment for committing adultery with free will. And if the court of law takes such a decision it may not be because the woman was unable to present four witnesses but because the court arrived at this decision after giving due consideration to all the available evidence. Obviously if a woman accuses a man of raping her but subsequent evidence proves that she committed adultery with her free will and her accusation proves to be false then punishing her will not be against the spirit of justice. But since usually there is lack of sufficient evidence to proof that the woman is lying, even such cases are rare. In 99% of the cases it so happens that the court of law is not convinced that the woman has been raped yet since there is lack of sufficient evidence to prove the willful involvement of the woman, she is given the benefit of doubt and set free.
read full article here [the article is by the great Mufti Taqi Usmani, who is one of the major Sheikhs of Deoband...]:
::: Hudood Ordinance ::::
What is the Islamic punishment for a rapist?
Answer: A. If he is an unmarried person the punishment is 100 lashes. If he is a married person, the punishment is Rajm (stoning to death). Where the punishment is 100 lashes, not death, the Qaadhi may add to the 100 lashes
an additional punishment, e.g. exile or imprisonment.
TheMajlis.net :: Journal Published by Mujlisul Ulama of SA
See, nowhere does it say that the victims of rapes should be stoned to death or even punished at all.
Please dont attribute to Islam and Muslims, untruths![Smile :) :)](data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7)
"...and do not let the hatred of a people incite you not to act with justice. Be just; that is nearer to observance of duty." (5:8)
Salaam
Two things:
First, I did not post anything from the site which you have posted from above...
And secondly, even that site [which you have posted from] does not say that rape victims should be stoned to death, it states an opinion of a certain 'Mufti Muneeb' that the perpetrator of rape [probably meaning if the raper is a married person] should be stoned to death [and not the victim]. And it states an opinion of a certain 'Javed Ahmed Ghamidi' that a rapist [not the victim of a rapist] commits adultery as well [probably meaning that the rapist commits adultery as well if the rapist is a married person].
The site which i posted from, is a site run by Scholars of the Deobandi Madrasah in India who adhere to the hanafi Madhab. The Deobandi Madrasah is a world renouned Madrasah that is held in high regards by great Scholars all around the world. Even Sheikh Yusuf Al-Qaradawi reffered to this School to back up one of his fatwas.
Here is the views regarding rape, from the Hanafi Scholars of Deoband [and the following views probably puts the above views into context]:
1) The Holy Quran prescribes the punishment of adultery in Surah Noor as under
The adulterer and the adulteress, scourge ye each one of them (with) a hundred stripes. (24:2)
In this injunction the word zina is absolute and includes zina bil-raza (adultery) as well as zina bil jabar (rape). In fact it is common sense that rape is a more serious offense than what is done with free will. Therefore, when this punishment is prescribed for adultery with free will, the punishment for rape should be even more severe.
Although in this injunction there is also mention of the woman who commits adultery but in the same surah (Noor) those woman are raped have been exempted from any punishment. Therefore the Holy Quran says:
‘And if one force them (i.e. those women), then, (unto them) after their compulsion, Allah is Forgiving, Merciful.’ (Surah Noor, Ayat 33)
2. The stated Hadd of 100 stripes is to be inflicted on an unmarried offender. From the Sunnah Mutawatar is further proven that a married person is to suffer Rajm, i.e., lapidating in case he commits Zina. The Messenger of Allah sallallahu alaihi wa sallam did, in this case has not differentiate between Zina bil Jabr (rape) and Zina bir-Radha (adultery with mutual consent).
Sayyidina Wail bin Hajr radiallahu anhu narrated that during the days of Allah’s Messenger sallallahu alaihi wa sallam a woman had gone out to offer the prayer. On the way a man overcame and raped her. The woman cried for help and the man ran away. Thereafter the man admitted that he had raped her. The Messenger of Allah sallallahu alaihi wa sallam then inflicted the Hadd on the man only, and not on the woman.
3. In the Sahih Bukhari is a tradition according to which a slave had raped a slave-girl. Sayyidina Umar radiallahu anhu then imposed the Hadd on the slave, but not on the slave-girl. (Sahih Bukhari, Kitabul Ikrah, Bab 6)
It is hence proven from the Holy Qur’an, the Sunnah of Allah’s Messenger sallallahu alaihi wa sallam, the decisions of the rightly guided caliphs and the noble companions radiallahu anhum that the same punishment which is to be inflicted in case of Zina bir-Radha is also to be inflicted in case of Zina bil Jabr. It is by no means in order to say that the Hadd mentioned in the Holy Qur’an and in the sacred Ahadith is to be inflicted only in case of Zina bir-Radh; and that it is not applicable in case of Zina bil Jabr.
Now arises the question why is there so much insistence on abolishing the shara’i punishment for Zina bil Jabr? The reason for this is an extremely unjust propaganda which certain circles are busily spreading ever since the Hudood ordinance has been implemented. According to this propaganda, if any rape victim intends to sue the offender under the Hudood ordinance, she is asked to produce four witnesses to support her claim. And if she fails to do so, she herself is arrested rather than the offender. This claim has been and is repeated incessantly, so far that even educated people began to consider it as true. And exactly this point has been used as justification by our president during his speech.
Now if as a result of such propaganda a certain matter is publicized so much that even the children on the streets talk about it, and then people tend to view anyone who talks against it as insane. But if anyone wishes to analyze the matter in a just way, then I would like to request him to leave all propaganda aside for a while, and consider the following points:
The fact of the matter is that I myself have been directly hearing cases registered under Hudood Ordinance, first as a Judge of Federal Shariah Court and then for 17 years as a member of Shariah Appellate Bench of the Supreme Court. In this long tenure, not once did I come across a case in which a rape victim was awarded punishment because she was unable to present four witnesses. It was actually not possible only because of Hudood Ordinance because according to Hudood Ordinance the condition of four witnesses was necessary only to enforce the Shariah punishment (hadd). But at the same time clause 10(3) was included to award the taa’zeeri punishment which did not have the condition of four witnesses. Instead the crime could be proven through one witness, medical examination and chemical analysis report. Consequently most of the rape criminals were awarded punishment as per this clause.
What we need to think is that if a woman was unable to present four witnesses and she was given punishment, which clause of Hudood Ordinance was used to award her the punishment? If anyone says that she was punished because of Qazaf (false accusation of rape) then Qazaf Ordinance, Clause no. 3, Exemption no. 2 clearly states that if someone approaches the legal authorities with a rape complaint, she cannot be punished in case she is unable to present 4 witnesses. No court of law can be in its right mind to award such a punishment. The other possibility could be that the woman is awarded punishment for committing adultery with free will. And if the court of law takes such a decision it may not be because the woman was unable to present four witnesses but because the court arrived at this decision after giving due consideration to all the available evidence. Obviously if a woman accuses a man of raping her but subsequent evidence proves that she committed adultery with her free will and her accusation proves to be false then punishing her will not be against the spirit of justice. But since usually there is lack of sufficient evidence to proof that the woman is lying, even such cases are rare. In 99% of the cases it so happens that the court of law is not convinced that the woman has been raped yet since there is lack of sufficient evidence to prove the willful involvement of the woman, she is given the benefit of doubt and set free.
read full article here [the article is by the great Mufti Taqi Usmani, who is one of the major Sheikhs of Deoband...]:
::: Hudood Ordinance ::::
What is the Islamic punishment for a rapist?
Answer: A. If he is an unmarried person the punishment is 100 lashes. If he is a married person, the punishment is Rajm (stoning to death). Where the punishment is 100 lashes, not death, the Qaadhi may add to the 100 lashes
an additional punishment, e.g. exile or imprisonment.
TheMajlis.net :: Journal Published by Mujlisul Ulama of SA
See, nowhere does it say that the victims of rapes should be stoned to death or even punished at all.
Please dont attribute to Islam and Muslims, untruths
"...and do not let the hatred of a people incite you not to act with justice. Be just; that is nearer to observance of duty." (5:8)
Salaam