How can some laws be so backwards in this day & age?

Discussion in 'General Discussion' started by danw99, Jul 19, 2013.

How can some laws be so backwards in this day & age?
  1. Unread #21 - Jul 22, 2013 at 9:51 AM
  2. Prettylikeapicture
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    How can some laws be so backwards in this day & age?

    And I answered that.



    Well, maybe you should try to read the Islamic law from muslims instead of an islamophobic lie-machine such as Dailymail which is Pro-israel? You don't need 4 witnesses to prove rape, neither does the rapist need to confess, it can go via DNA tests etc, but for the punishment to be stoning, you need 4 witnesses. Feel free to disprove this, which you can't, and it will leave you to feel stupid because of believing a source like Dailymail.

    No. I'm not saying that. Get your head out of your ass, and don't put words in my mouth.







    It's not human decency when they base judgement upon strawman. It's called stupidity, and the worst form of it.
     
  3. Unread #22 - Jul 22, 2013 at 2:38 PM
  4. danw99
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    How can some laws be so backwards in this day & age?

    Stop being a little bitch and try making this into a discussion instead.

    The Daily Mail was just a link with the story, I can give you Norwegian sources if you would prefer? Spanish? French? Take your pick.

    Believe me I have already read the Islamic Law (granted I'm far from being an expert in it), I believe that there are two penalties?

    Hadd, which is the more severe punishments I believe (and therefore perfectly suited for a rapist)

    Tazeer, which is the lesser punishments of fines, prison time etc

    Again, if I'm wrong with these, please correct me! :)

    I believe that for a Hadd punishment, then 4 male Muslim witnesses are required, or a confession from the rapist? DNA tests can be used yes, but that'll lead to a Tazeer punishment, right?

    As far as I am aware, the Tazeer punishments are at the judge's discretion? But with an inequality between the sexes rife in UAE (For example, when dealing with a criminal instance, a woman's testimony is worth half of that of a males testimony, source: http://www.unicef.org/gender/files/UAE-Gender-Eqaulity-Profile-2011.pdf. Therefore, how can this be fair for any women which are raped?

    Again, don't rage, let's make this a worthwhile discussion. I'll be the first to hold my hands up if I am mistaken, feel free to attempt to educate.
     
  5. Unread #23 - Jul 22, 2013 at 8:20 PM
  6. Prettylikeapicture
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    How can some laws be so backwards in this day & age?

    I'm being a bitch simply because I'm against the same false information/type of information which the head of war-criminals use/used to sell their idea of war against "backward countries"?

    I was very clear about the issue was not Dailymail only, it was the western narrative as a whole (similar during the Iraq/Afghan-war). I can prove to you lots of false news these websites have used in the past, will that make you stop using them as a source? In this case, we even have direct evidence in the actual article. They claim that the only way for a rapist to get punished is if the offender confess or 4 witnesses, which is false.

    An islamic answer for the punishment would be:
    If it is confirmed that a man engaged in sexual intercourse with a woman by threatening to kill her or by using some kind of drug or anesthetic, then his crime will be more serious than that of consentual sex.

    The punishment thereto is death by execution. He will not be entitled to any pardon or reprieve whatsoever, regardless of whether he was single or married.

    The one who forces sex upon someone else under threat of death is an evil and vile member of the society and should be purged. He is involved in an act of open violence and transgression against others and the spread of mischief throughout the land. His is the fate of bandits and highway robbers:

    Allah says: “The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution or crucifixion or the cutting off of hands and feet from opposite sides or exile from the land: that is their disgrace in this world and a heavy punishment is theirs in the Hereafter.” [Sûrah al-Mâ’idah: 33]

    A woman will not be punished if there is any reason to believe that she was forced into the act. The least evidence in this regard will be sufficient to save the woman from punishment. Our Prophet (peace be upon him) said: “Allah has pardoned my people for the acts they do by mistake, due to forgetfulness, and what they are coerced into doing” [Related by Ibn Mâjah and authenticated by al-Nawawî, Ibn Hajr, and al-Albânî].

    Also, it was related by Ibn Abî Shaybah through Târiq b. Shahâb that a woman accused of adultery was taken to Caliph `Umar. The woman pleaded that she was asleep and woke up to find the man over her. `Umar released the woman. [The narration was approved by al-Albâni]. Ibn Qudâmah stated in his book al-Mughnî: “There is no punishment on the woman who was coerced into adultery.”

    As for the evidence needed, rape is called zina bil jabr which says a lot: it is a form of zina not a conceptually different crime like in Western law. So the standards of evidence would be the same as zina and a woman would NOT need four witnesses to prove that she wasnt raped. In fact there is a hadith in Abu Daud where the islamic Prophet ordered the punishment of a man for rape based on the complaint of just one woman - in modern day, evidences such as scientific data can be used also.
     
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