| Title of
Fatwa |
Are Raped Women Asked to Bring
Four Witnesses? |
| Date of Fatwa |
29/ August/ 2004 |
| Date of Reply |
29/ August/ 2004 |
| Topic Of Fatwa
|
Rape |
| Question of Fatwa |
Dear scholars, As-Salamu `alaykum. When it says to
bring four witnesses against a woman who has committed indecency, is
it for the woman who has been raped or this is for a married woman
whose husband is in doubt about her indecency? Please explain in
detail. |
| Name of Mufti |
Sheikh Ahmad Kutty |
| Content of Reply |
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and
blessings be upon His Messenger.
Dear brother in Islam, thanks a lot for your question which
reflects your care to have a clear view of the teachings of Islam.
Allah commands Muslims to refer to people of knowledge to get
themselves well-acquainted with the teachings of Islam as well as
all aspects of life.
In Islam, we are not allowed to tarnish
the honor of anyone. One is required to produce four witnesses when
making an allegation of adultery against another person; otherwise,
one will be guilty of slandering.
A raped woman is a victim
that must be treated with honor and kindness. She is not required to
produce four witnesses to prove the crime done against her, nor is
she punished for the crime done against her.
In his response
to your question, Sheikh Ahmad Kutty, a senior lecturer and
Islamic scholar at the Islamic Institute of Toronto, Ontario,
Canada, states:
If a person makes an allegation of adultery against
another person (male or female) he or she must produce four
witnesses to support such an allegation; otherwise, he or she is
guilty of slandering, which is a grave offense in Islam, for we
are not to tarnish the honor of anyone.
A woman who has
been raped cannot be asked to produce witnesses; her claim shall
be accepted unless there are tangible grounds to prove otherwise.
To insist that she provide witnesses is akin to inflicting further
pain on her. If anyone refutes her claim of innocence, the onus is
on him to provide evidence, and she may simply deny the claim by
making a solemn oath, thus clearing herself in public. The Prophet
(peace and blessings be upon him) said, The onus to provide
evidence falls on the one who makes a claim, and the one who
denies (the same) can absolve himself or herself by making a
solemn oath to the contrary.
As for a spouse who
witnesses his or her partner committing adultery and the other
party denies it and they are unable to provide witnesses, they
are, if they so desire, to part company by repudiating each other
by engaging in what is known as a solemn oath and prayer of curse
(li`an). It is described thus in the Quran: And those
who accuse their wives, and have no witnesses but themselves, then
the testimony of each of them shall be a testimony sworn by God
repeated four times, that he is indeed truthful. And the fifth
(oath) is that Gods curse be upon him if he is lying. And it
shall avert punishment from her that she testify a testimony
repeated and sworn by God four times, that he is lying. And a
fifth (oath) that the wrath of God be upon her, if he has spoken
the truth (An-Nur: 6-9).
Excerpted, with slight modifications, from: www.muslims.ca
You can also read:
Are raped women punished in Islam?
Public Imprecation (Al-Li`an)
Allah Almighty knows best.
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