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A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)

Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been...

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Main Author: Mohd Noor, Azman
Format: Article
Language:English
Published: Walter de Gruyter GmbH & Co. KG 2011
Subjects:
BP188 Islamic religious life
Online Access:http://irep.iium.edu.my/16753/4/1554-4419.1174.pdf.pdf
http://irep.iium.edu.my/16753/
http://www.degruyter.com/view/j/mwjhr.2011.8.issue-1/1554-4419.1174/1554-4419.1174.xml?format=INT
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spelling my.iium.irep.167532013-06-25T07:30:26Z http://irep.iium.edu.my/16753/ A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina) Mohd Noor, Azman BP188 Islamic religious life Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or committing qadhf, as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina (qadhf). This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought Walter de Gruyter GmbH & Co. KG 2011 Article REM application/pdf en http://irep.iium.edu.my/16753/4/1554-4419.1174.pdf.pdf Mohd Noor, Azman (2011) A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina). Muslim World Journal of Human Rights, 8 (1). pp. 1-20. ISSN 1554-4419 http://www.degruyter.com/view/j/mwjhr.2011.8.issue-1/1554-4419.1174/1554-4419.1174.xml?format=INT
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic BP188 Islamic religious life
spellingShingle BP188 Islamic religious life
Mohd Noor, Azman
A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)
description Sexual assault leaves the victims with unbearable emotional pain from the experience. The unwanted aggression against their freewill causes them to suffer physically and mentally. On top of that, they also have to fight to be treated fairly and respectfully during their court trials. There has been some controversy regarding rape prosecution in the Islamic legal system. The reason for this controversy is that the rape victim would usually be either charged with zina because of her confession, or committing qadhf, as a result of her failure to provide four male eyewitnesses. This paper aims at investigating the fundamental legal rights of rape victims who complain of being raped, to be defended fairly, and to get exemption from punishment as provided in Islamic law. This paper also seeks to investigate the admissibility of the individual testimony of the victim against the rapist. This paper suggests that proving rape is not similar to proving zina, because a rape victim who lodges a report or complains of her ordeal of being raped should not be treated the same as a person who confesses to zina. Proving rape is also different from accusing the rapist with committing zina (qadhf). This study will explore opinions and arguments of classical Muslim scholars of Islamic jurisprudence from various schools of thought
format Article
author Mohd Noor, Azman
author_facet Mohd Noor, Azman
author_sort Mohd Noor, Azman
title A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)
title_short A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)
title_full A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)
title_fullStr A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)
title_full_unstemmed A victim's claim of being raped is neither a confession to Zina nor Committing qadhf (making false accusation of zina)
title_sort victim's claim of being raped is neither a confession to zina nor committing qadhf (making false accusation of zina)
publisher Walter de Gruyter GmbH & Co. KG
publishDate 2011
url http://irep.iium.edu.my/16753/4/1554-4419.1174.pdf.pdf
http://irep.iium.edu.my/16753/
http://www.degruyter.com/view/j/mwjhr.2011.8.issue-1/1554-4419.1174/1554-4419.1174.xml?format=INT
_version_ 1643607165702766592
score 13.211869

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