-Caveat Lector-

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http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=5676



Rape in Islam: Blaming the Victim

By Robert Spencer

FrontPageMagazine.com | January 23, 2003

"For almost a year," observes Edward Said in this week's edition of
Cairo's Al-Ahram Weekly, "American politicians, regional experts,
administration officials, journalists have repeated the charges that
have become standard fare so far as Islam and the Arabs are concerned. .

. . To today's practically unanimous chorus has been added the authority of the
United Nation's Human Development Report on the Arab world which
certified that Arabs dramatically lag behind the rest of the world in
democracy, knowledge, and women's rights."

Said has no more patience for this sort of thing than he did when he
wrote Orientalism and Covering Islam, the twin towers of today's
academic Islamophilia. He acidly dismisses the criticisms as "vague
re-cycled Orientalist cliches of the kind repeated by a tireless
mediocrity like Bernard Lewis."

Yet just as Said's lament appeared, the French businesswoman Touria
Tiouli went to court in the United Arab Emirates. Heedlessly risking the
recycling of vague Orientalist cliches, Dubai officials have turned her
charge that she was raped by three men on its head and accused her of
zina, sexual activity outside marriage. In Dubai, a bastion of moderate
Islam, this charge isn't punishable by stoning, as it is in more
hard-line Muslim countries - it only carries an 18-month jail sentence.

Tiouli continues to fight: on Sunday she entered a not guilty plea. To
the claims of her attackers that she was a willing participant and, in
fact, a prostitute whom they duly paid, she replied simply, "My lawyer
will prove I did not consent. If I had consented, I would not have
brought the case."

Indeed, it's hard to imagine a prostitute in Dubai going to the police
willingly under any circumstances. For Sharia courts all over the
Islamic world seem only too willing to reinforce the stereotypes of
Islam that Said deplores, particularly where women are concerned. In
Nigeria, a woman named Sufiyatu Huseini suffered through circumstances
remarkably similar to Tiouli's. She said she was raped, but the man she
accused denied it, and instead Huseini was charged with adultery.

Nigeria is no moderate Dubai: Huseini faced death by stoning until the
verdict was overturned under international pressure. Countless other
women in similar situations have already been stoned to death or jailed.

According to Sisters in Islam, a Malaysian advocacy group for Muslim
women, in Pakistan "three out of four women in prison . . . are rape
victims."

This blame-the-victim mentality should be the worst nightmare of
American feminists, were it not for the fact that they view it through
rosy multiculturalist glasses. But does it really represent the
hijacking of the Religion of Peace on a grand scale?

Not quite. These cases all unfolded according to the classic directives
of the Sharia.

Traditional Islamic law, which is still very much in force in Saudi
Arabia, Pakistan, Iran, Sudan, most (if not all) of post-Taliban
Afghanistan, and elsewhere, completely disregards the testimony of women
in cases of a sexual nature. Aside from physical evidence, the only way
to establish rape is by the testimony of four male witnesses (who, by
the way, must be Muslims in good standing) who actually saw the act
itself. Without these witnesses and a confession from the accused
rapist, the victim will stand condemned by her very accusation:  she
wasn't raped, so she must be guilty of zina.

Moreover, the prosecution has been careful to point out that Tiouli
didn't call for help. "According to Islamic Sharia," says the Nigerian
Imam Mallam Muhammad Sani Isa, "it cannot be considered rape unless you
asked for help."

According to Aliyu Abubakar Sanyinna, the attorney general of Nigeria's
Zamfara state (where Huseini went through her ordeal), this codified
miscarriage of justice is "the law of Allah. By executing anybody that
is convicted under Islamic law, we are just complying with the laws of
Allah, so we don't have anything to worry about."

If like minds prevail next week in Dubai when the court issues a verdict
in Tiouli's case, she should resign herself to spending the next
eighteen months behind bars.

There is yet hope. International indignation resulted in the overturning
of Huseini's death sentence and the commutation of a similar ruling
against an 18-year-old Christian girl in Sudan, Abok Alfa Akok, to 75
lashes. Facing another worldwide outcry, the Nigerian government
promised in October to end stonings for adultery. Also bowing to
internal and external pressure, even the Islamic Republic of Iran
declared early this year that it too was ending the practice.

All this is good, but it isn't enough. Rape victims in these newly
enlightened nations may not have to fear stoning but they still may face
lighter sentences, as does Tiouli. They will continue to receive no
sympathy for their ordeal or any honest investigation of the charges
they have made.

Until the Sharia itself undergoes a thoroughgoing reevaluation, this is
probably the best we can hope for. Thus - however much Edward Said and
his ilk may gnash their teeth - those who traffic in "vague re-cycled
Orientalist cliches" about women's rights in the Islamic world must keep
up the pressure.

get current: FreeWorldNow.com

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