ایک فورم پر یہ پوسٹ دیکھی اس موضوع کے حوالے سے۔۔۔۔
During the time of the Prophet (saw) punishment was inflicted on the rapist on the solitary evidence of the woman who was raped by him. Wa'il ibn Hujr reports of an incident when a woman was raped. Later, when some people came by, she identified and accused the man of raping her. They seized him and brought him to Allah's messenger, who said to the woman, "Go away, for Allâh has forgiven you," but of the man who had raped her, he said, "Stone him to death." (Tirmidhi and Abu Dawud)
During the time when Umar (raa) was the Khalifah, a woman accused his son Abu Shahmah of raping her; she brought the infant borne of this incident with her to the mosque and publicly spoke about what had happened. Umar (raa) asked his son who acknowledged committing the crime and was duly punished right there and then. There was no punishment given to the woman. (Rauf)
Islamic legal scholars interpret rape as a crime in the category of Hiraba. In ‘Fiqh-us-Sunnah’, hiraba is described as: ‘a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women (hatk al ‘arad), killing cattle, or disrupting agriculture.’
The famous jurist, Ibn Hazm, had the widest definition of hiraba, defining a hiraba offender as: ‘One who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people… making people fear that they’ll be killed, or have money taken, or be raped (hatk al ‘arad)… whether the attackers are one or many."
Al-Dasuqi held that if a person forced a woman to have sex, his actions would be deemed as committing hiraba. In addition, the Maliki judge Ibn ‘Arabi, relates a story in which a group was attacked and a woman in their party was raped. Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn ‘Arabi replied indignantly that "hiraba with the private parts" is much worse than hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former.
The crime of rape is classified not as a subcategory of ‘zina’ (consensual adultery), but rather as a separate crime of violence under hiraba. This classification is logical, as the "taking" is of the victim’s property (the rape victim’s sexual autonomy) by force. In Islam, sexual autonomy and pleasure is a fundamental right for both women and men (Ghazâlî); taking by force someone’s right to control the sexual activity of one’s body is thus a form of hiraba.
Rape as hiraba is a violent crime that uses sexual intercourse as a weapon. The focus in a hiraba prosecution is the accused rapist and his intent and physical actions, and not second-guessing the consent of the rape victim. Hiraba does not require four witnesses to prove the offense, circumstantial evidence, medical data and expert testimony form the evidence used to prosecute such crimes.
Islamic legal responses to rape are not limited to a criminal prosecution for hiraba. Islamic jurisprudence also provides an avenue for civil redress for a rape survivor in its law of "jirah" (wounds). Islamic law designates ownership rights to each part of one’s body, and a right to corresponding compensation for any harm done unlawfully to any of those parts. Islamic law calls this the ‘law of jirah’ (wounds). Harm to a sexual organ, therefore, entitles the person harmed to appropriate financial compensation under classical Islamic jirah jurisprudence. Each school of Islamic law has held that where a woman is harmed through sexual intercourse (some include marital intercourse), she is entitled to financial compensation for the harm. Further, where this intercourse was without the consent of the woman, the perpetrator must pay the woman both the basic compensation for the harm, as well as an additional amount based on the ‘diyya’ (financial compensation for murder, akin to a wrongful death payment).
Islamic law, with its radical introduction of a woman’s right to own property as a fundamental right, employs a gender-egalitarian attitude in this area of jurisprudence. In fact, there is a hadith specifically directed to transforming the early Muslim population out of this patriarchal attitude of male financial compensation for female sexual activity. During the time of Prophet Muhammad, a young man committed zina with his employer’s wife. The father of the young man gave one hundred goats and a maid as compensation to the employer, who accepted it. When the case was reported to the Prophet, he ordered the return of the goats and the maid to the young man’s father and prosecuted the adulterer for zina (Abu Daud 1990, 3: Bk. 33, No. 4430; Bukhâri 1985, 8:Bk. 81, Nos. 815, 821, 826).
Source
http://www.muslimaccess.com/articles/Women/rape_in_islam.asp
