Is the testimony of a raped woman against her rapist accepted in a Sharia court, given that she has no proof other than her account of what happened and his threat to kill her, and his threat to kill her children and husband if she disclosed the matter?
The crime of zina (unlawful sexual intercourse) is extremely serious, and therefore Allah has made its punishment severe and stipulated special conditions for its proof: the confession of the zani (fornicator/adulterer) or the testimony of four upright men. There is no difference between its occurrence by consent or by coercion, except that the coerced individual is exempt from the hadd (prescribed punishment). The crime is not proven merely by a woman's claim of rape, due to the Prophet, peace and blessings be upon him, saying: "If people were given [what they claimed] based on their allegations, then some people would claim the lives and property of [other] men. However, the oath is on the defendant." However, the woman has the right to demand an investigation to gather evidence and clues.
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- Original fatwa ID
- 97081
- Imported
- Translation status
- Source text, unreviewed
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