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Hello Adnan!

At 04:15 PM 2/16/99 -0600, Adnan wrote:
ADNAN

>But yes, the position of women in Pakistan is bad. They have some strange laws

>that even other Islamic countries don't have. For example, in Islamic law if

>someone accuses a woman for adultery,  he must provide four witnesses. 


CREA
    Not exactly.  The Quranic verses which stipulate 4 witnesses (Sura
XXIV:4) can be overridden by the sole testimony of the affronted husband if
he is willing to swear four times, by Allah, that he is speaking the truth
and swears a fifth time invoking Allah's wrath on himself if he lies (Sura
XXIV:6-7).  The wife, in this situation may do much the same, swearing four
times that her husband is lying and swearing a fifth time invoking Allah's
wrath on herself if he is actually speaking the truth (Sura XXIV:8-9). 


ADNAN

>Most

>Muslim would interpret the law of four witnesses as a protection for women

>against false witness. If that's true, a woman should be able to charge rape

>without producing any additional witnesses, because the law is supposed to be

>for the protection of women, not men rapers. But in Pakistan, as I have heard,

>even the women has to provide four witnesses if she is raped. 



CREA
    I would assume that one or another of the schools (Hanbalite, Malikite,
Hanafite & Shafi'ite) had decided that parity was necessary and simply
applied the requirements for adultery cases to those of rape.  Of course if
there are no witnesses, the woman should be able to swear fourfold, but then
this would lead to allowing the man to do the same.  But then, my
familiarity with the ins and outs of the Shari'a is quite limited and I
could be wrong.



With Mettaa,

Joseph Crea
<Joseph.Crea@worldnet.att.net>

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