mangsa-rogol-syariah

How far the rights of rape victims are protected in Islamic laws

Indecent sexual assault leaves the victims with unbearable experience. The unwanted
aggression against their freewill make them suffer physically and mentally, and on top
that, they also have to fight to be treated fairly and respectfully during the trials. There
have been confusions over prosecuting rape in Islamic legal studies. A question has
arisen; should the Islamic court treat the case of rape in regard of convicting and proving
rape by imposing the same jurisprudential provisions, requirements and legal proceedings
as in the case of zina on the ground that rape involves elements of illegal intercourse
similar to zina. As such, should the rape victim who complains about rape be charged of
qadzf if there is insufficient evidence? This paper aims at investigating fundamental legal
rights of rape victims provided in Islamic law. This includes the rights to get access to
justice, the exemption of being charged of committing zina or qadhf i.e. false accusation
of committing zina against the rapist when there is no sufficient evidence such as the
lacking of four male eyewitnesses while making a complain of being raped. The paper
also sheds light on the possible profound remedies and compensations provided by
Shariah for the victim of rape.

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