Mauao Man

Wednesday, May 28, 2025

When Victims Are Guilty

How Sharia Law Destroys Survivors of Rape

Introduction: When the Law Defends the Rapist and Punishes the Raped

In any just system, rape is a crime.
In classical Islam, it often becomes evidence against the victim.

This is not hyperbole. It is how Islamic jurisprudence handles sexual violence—by flipping the burden of proof, suppressing the woman’s voice, and wrapping victim-blaming in scripture.

In Sharia, the very act of reporting rape can lead to:

Flogging
Imprisonment
Death

1. No Category for “Rape” in Classical Fiqh

The term rape (ightisab) does not exist as a standalone legal category in early Islamic law.

Instead, everything falls under:

Zina (fornication/adultery)
Which requires 4 male witnesses of the act itself

Qur’an 24:4:

“Those who accuse chaste women and do not bring four witnesses, lash them with 80 lashes...”

So if a woman:

Reports rape
But cannot produce four male eyewitnesses
She is guilty of false accusation
And can be flogged for slander or zina

Let that sink in:

Reporting rape becomes a confession to adultery.

2. The Burden of Proof Is Impossible by Design

To prove rape under Sharia, you need:

Four adult Muslim men
Who directly witnessed penetration

Not heard.
Not saw injuries.
Not medical evidence.
Not a confession.
Not DNA.
Only four male eyes.

Fail that?
You're guilty.

This is not justice. It's a trap.

3. Hadith Evidence: A Woman’s Word Is Not Enough

Sahih Bukhari 2658:

“Avoid legal punishments as much as possible. If there is any way out, let it be. It is better for the ruler to make a mistake in forgiving than to make a mistake in punishing.”

Often cited to show leniency, but in rape cases, this means:

If the rapist denies it
And there are no 4 witnesses
The judge lets him go free
But may still punish the woman for admitting zina

The result? No rapist punished, but the victim is.

4. Real-World Cases: The Doctrine in Action

🇸🇦 Saudi Arabia (2007):

Qatif rape case: gang-rape victim sentenced to 200 lashes for being in a car with a non-mahram man.

🇦🇫 Afghanistan:

Women imprisoned for “moral crimes” (code for: they were raped)

🇵🇰 Pakistan:

Before 2006, rape victims were automatically tried for zina if they couldn’t prove rape under the Hudood Ordinances

The “law of God” demanded 4 male witnesses—otherwise, she was the criminal.

5. No Consent Framework in Classical Islam

Islamic fiqh does not define rape as a violation of consent—because consent is not a prerequisite for sex in:

Marriage: A wife cannot refuse sex without legal excuse
Slavery: A slave girl can be used without her permission (Qur’an 4:24, Tafsir Ibn Kathir)

If consent isn’t central, then rape has no theological definition.

It becomes merely:

A property violation (if a slave is raped)
Or zina (if the woman can’t prove she resisted)

6. Victim = Accused, Silence = Survival

Women in Sharia systems learn quickly:

Report rape → get punished
Stay silent → protect yourself

This is not God’s mercy.
This is legalized trauma.

It is designed not to protect, but to preserve “honor”—which in Islamic societies is almost entirely placed on the female body, not the male conscience.

Conclusion: When Sharia Becomes the Second Assault

A woman survives rape.
She walks to the authorities for justice.
She leaves with lashes.

That is not divine law. That is misogyny on sacred parchment.

If you need four male eyewitnesses to believe a woman,
you’re not running a legal system.
You’re running a ritual of humiliation.

No justice system that punishes victims can be called divine.
No faith that protects rapists can claim to be merciful.
And no law that silences women can ever be sacred.

Sharia does not deliver justice to rape victims.
It delivers fear. And scars. And silence.