Saturday, 7 March 2015

Comments on Saudi Rape Victim Sentenced to 200 Lashes

This is an odd story. The 'report' says the gang rape victim was sentenced 200 lashes and six months in jail. It's important to stress the authorities did not sentence her for being raped but for other reasons.I'm not sure if this story is true but one thing that is true is that the rape victim is not meant to be punished for being raped according to Islam:

Is the rape victim punished for being raped? No!
Ibn `Abdul-Barr (may Allah bless his soul) said

There is no punishment for the woman if it is true that he forced her and overpowered her. (Al-Istidhkaar, 7/146).

To punish the rapist, are four witnesses required? No!

Sheikh Rabbani states: The four witness requirement applies only to the prescribed hadd punishment (which in the case of a married person could be death and for the non-married, 100 lashes). [Marghinani, Hidaya] This punishment is only applied in very rare cases, as is clear, and is meant to be a social deterrent, above all.

As the classical and contemporary jurists (such as Mufti Taqi Usmani) have made clear, a rapist can be convicted on lesser evidence (including scientific evidence, such as DNA tests and medical reports) for discretionary punishments. These discretionary punishments are left up to the legal system to determine.

From: Muslim Scholars on Rape

Report from Press TV concerning a rape victim in Saudi Arabia who has been sentenced to 200 lashes.

A Saudi woman who had fallen victim to a violent gang-rape has been sentenced to 200 lashes and six months in jail after being found guilty of speaking to the media about the crime and indecency.
The Shia woman, 19 years old back in 2006, was in the car of a student friend when two men got into the vehicle and drove them to a secluded area, where she was raped by seven men, the Middle East Monitor reported on Friday.
She was initially sentenced to 90 lashes for being in the car of a strange man, because the Saudi law dictates that a male family member must accompany a woman at all times in public.

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