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Lightyears (talk | contribs) (Rejected the last 2 text changes and restored revision 135765 by Mushrik: The first sentence is about the penalties for zina, not rape. As for the 2nd change, it's unclear from the source what the "strict evidentiary standards" may include in Saudia Arabia today for a woman alleging rape to be spared punishment herself. At least in traditional fiqh, the standard required to punish a rapist with the hadd is not used to determine whether a woman making a rape allegation should be punished.) |
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In Islamic law, if either party who commits zina is married, that person (male or female) receives a much harsher punishment - being stoned to death. The stoning punishment is not present in the Quran, but is based rather on hadiths (see [[stoning]]). | In Islamic law, if either party who commits zina is married, that person (male or female) receives a much harsher punishment - being stoned to death. The stoning punishment is not present in the Quran, but is based rather on hadiths (see [[stoning]]). | ||
In order to carry out the | In order to carry out the hadd punishment for zina (lashings or stoning to death) there must be either four reliable muslim male witnesses to the alleged offence or a confession. Pregnancy of an unmarried woman is also considered proof of zina unless she says she was raped, in which case she is spared punishment (though for the Maliki school of jurisprudence further evidence to prove coercion is required from her physical state or a witness who heard her cry for help).<ref>Position paper by Karamah (Muslim Women Lawyers for Human Rights) [https://karamah.org/zina-rape-and-islamic-law-an-islamic-legal-analysis-of-the-rape-laws-in-pakistan/ Zina, Rape, and Islamic Law: An Islamic Legal Analysis of the Rape Laws in Pakistan](2011)</ref><ref>See the 2nd of the two hadiths here regarding Imam Malik's view: {{Muwatta|41||16}}</ref> | ||
In Saudi Arabia today, if a female is raped but cannot prove it, she may be accused of khilwa (mingling)<ref>{{cite web |year=2007 |title=Saudi Arabia: Rape Victim Punished for Speaking Out |url=https://www.hrw.org/news/2007/11/15/saudi-arabia-rape-victim-punished-speaking-out/|publisher=HRW}}</ref> or she may be deemed to have confessed to unlawful sex (''zina'') and prosecuted for that instead.<ref>[https://www.hrw.org/news/2022/04/29/saudi-arabia-forthcoming-penal-code-should-protect-rights Saudi Arabia: Forthcoming Penal Code Should Protect Rights] - Human Rights Watch 29 April 2022</ref> | In Saudi Arabia today, if a female is raped but cannot prove it, she may be accused of khilwa (mingling)<ref>{{cite web |year=2007 |title=Saudi Arabia: Rape Victim Punished for Speaking Out |url=https://www.hrw.org/news/2007/11/15/saudi-arabia-rape-victim-punished-speaking-out/|publisher=HRW}}</ref> or she may be deemed to have confessed to unlawful sex (''zina'') and prosecuted for that instead.<ref>[https://www.hrw.org/news/2022/04/29/saudi-arabia-forthcoming-penal-code-should-protect-rights Saudi Arabia: Forthcoming Penal Code Should Protect Rights] - Human Rights Watch 29 April 2022</ref> | ||