EXPOSING THE LIES OF "SUBRAMANIAN SWAMY(FB FAN PAGE) : "A RAPE IS NOT PROVEN UNLESS SHE BRING FOUR MALE WITNESSES IN ISLAMIC LAW(SHARIA)"

EXPOSING THE LIES OF  "SUBRAMANIAN SWAMY"(FB FAN PAGE)

"A RAPE IS NOT PROVEN UNLESS SHE BRING FOUR MALE WITNESSES IN ISLAMIC LAW(SHARIA)"

https://www.facebook.com/drsubramanianswamy/photos/a.118146701658320.18858.107229389416718/466678143471839/?type=1&relevant_count=1[Requesting to all not to 'like' his page, for the Sake of Allah]
Note: Recently this page( Mr.Swamy Fan page) has been removed by the FB authorities.

 A Detail Refutation: By Mohammed Asif Ali

REPLY:

Islamophobic propaganda has been around for so long and spread so far that it has infected many minds. turning to the indelible evidence provided by Allah (SWT) in the Qur’an and Hadith.

First He(Admin) Took the Verse of the Qur'an and Quoted in his self style with a completely intention to distorting and twisting the fact.

REFUTATION 1)

"WOMEN REQUIRED FOUR WITNESSES TO PROVE SHE WAS RAPED"

He quoted the verse of the Qur'an on his post.

["Qur'an (24:4) - is a part of the theological underpinning of the Sharia rule on rape. if there are not four male witnesses, the rape "did not occur"]

"He quoted completely, blatantly, brazenly, Shamelessly, deliberately, Intentionally Misquoted, Misinterpreted, There is no such thing exist in the Qur'an which says "four witnesses to produce to prove she was raped" 

The Verse of the Qur'an from ch 24 Verse 4. which says 

"And those who launch a charge against chaste women, and produce not four witnesses (to support their allegations),- flog them with eighty stripes; and reject their evidence ever after: for such men are wicked transgressors"
[Al-Qur'an ch 24 Verse 4]

This verse clearly stating, even a person who passe the 5th class will understand precisely. It referring any person made an allegation against any women of Adultery or fornication, and If he fail to produce four witnesses in the court of law(Islamic court) or if He produce the witnesses after examination if all of them prove false, each one will get 80 stripes, slashes each one. Allahamdulilah the law of Islam is made in such way there is a completely protection to the modesty, Chastity of the Women and no one should dare to raise even a finger on Women Chastity.

Now we see today's society, Many people put open false allegation against any girl, women, "She slept with him and that girls slept with another person" and get way with it easily, no action against them.

Islam is not a system of oppression. It is not meant to be a torment for the believer. Allah (SWT) is never unjust.

Now, let’s look at the verses of the Qur’an which mention the production of four witnesses:

The adulterer and the adulteress — flog each one of them with a hundred stripes…
[Al-Qur'an ch 24: Verse 3]

…And those who calumniate chaste woman but bring not four witnesses — flog them eighty stripes and do not admit their evidence ever after.
[Al-Qur'an Ch 24 Verse 4]

In these verses, it is made clear that four witnesses are required to prove adultery — and not when the husband is being accused of unfaithfulness, but when the wife is being accused.

This onus is meant to protect women from the evils of men who would destroy a woman’s reputation and name out of spite. If their accusation is honest, they are required to produce four impeccable witnesses to back up their claims.

If they cannot, the accusers are to be punished severely for falsely accusing a woman and attempting to ruin her, and they are never to be trusted to give evidence again. If four witnesses are produced, the woman may still take a solemn oath swearing her own innocence, and if she does so her word is taken above the words of the accusers and she is to be considered blameless. These extensive protections suggest that it would be foolish to believe that Islam would ever require a woman to go through the pain and suffering of providing four witnesses to her rape.

One popular hadith mentioning rape was narrated by Wa’il ibn Hujr:

When a woman went out in the time of the Prophet (PBUH) for prayer, a man attacked her and overpowered [raped] her. She shouted and he went off, and when a man came by, she said: ‘That [man] did such and such to me.’ And when a company of the Emigrants came by, she said: ‘That man did such and such to me.’ They went and seized the man whom they thought had had intercourse with her and brought him to her. She said: ‘Yes, this is he.’ Then they brought him to the Apostle of Allah (SWT). When he [the Prophet (PBUH)] was about to pass sentence, the man who [actually] had assaulted her stood up and said: ‘Apostle of Allah, I am the man who did it to her.’ He [the Prophet (PBUH)] said to her: ‘Go away, for Allah (SWT) has forgiven you [for mistakenly identifying the wrong man].’ But he told the man some good words [Abu Dawud said: meaning the man who was accidentally seized], and of the man who had had intercourse with her, he said: ‘Stone him to death.’ He also said: ‘He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.’
[Sunan Abu-Dawud Vol 5 Haidth 4379]

HE(Admin of Fan Page) QUOTED ANOTHER QUR’AN VERSE FROM SURAH CH 4 VERSE 15 AS REFERENCE .

": If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.15

: If two men among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful. 16

[Al-Qur’an ch 4 Verse 15-16]

In these two verses (15-16) the first, preliminary directives for the punishment for unlawful sexual intercourse are stated. The first verse deals with women. The punishment laid down was to confine them until further directives were revealed. The second verse (i.e. 16) relates to both sexes. The injunction lays down that they should be punished - that is, they should be beaten and publicly reproached. Later, another injunction was revealed (see Surah al-Nur 24: 2) which laid down that both the male and female should be given a hundred lashes. These injunctions are necessarily of a preliminary nature since the people of Arabia were neither used to obeying the orders of any established government, the verdicts of any courts of law nor to following any legal code; it would therefore have been unwise to try to force acceptance of a penal code upon them so soon after the establishment of the Islamic state. In due course, the punishments for unlawful sexual intercourse, for slanderous accusations of unchastity against women, and for theft were laid down in their definitive form and served as the basis of that detailed penal code which was enforced by the Prophet (peace be on him) and the Rightly-Guided Caliphs.

Where this Verse of the Qur’an talking about the four witnesses required to prove “Rape” ? no where!

He just laying blatantly  about the Qur’an and spreading wrong information about Islam.

Prophet Muhammad (PBUH) did not require the rape survivor to provide any specific number of witnesses, nor did he require her to provide any evidence beyond her accusation. He did not blame her, nor did he question her regarding the circumstances surrounding the rape. He simply took her word, and was ready to pass sentence. We can assume that the sentence would have been the same as that given to the true rapist, once the rapist confessed.

Islamic legal scholars have deduced that evidence from the Qur’an and Hadith suggest that 

THE CRIME OF RAPE FALLS UNDER A DIFFERENT CATEGORY THAN THE CRIME OF ADULTERY. 

Adultery is a crime which involves the consent of both parties involved, and therefore both parties are equally responsible for the sin. Rape, on the other hand, is an act of non-consensual violence, and therefore carries with it different legal proceedings, and different punishments. Rape falls under the category of hiraba (terrorism and the promotion of terror), and is defined as any form of non-consensual sex, where the victim was coerced into the situation against her will. Many scholars will suggest that there should be some proof that the woman fought to escape, screamed for help, or was incapacitated. However, this is arguably untrue, as many forms of coercion do not involve violence or struggle.

Prophet Muhammad (PBUH) has clearly stated:

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].

Criminal prosecution of rape in today’s Islamic courts would involve circumstantial evidence, medical reports, and expert testimony. The punishment under Sharia law would be the death penalty. There would be no blame on the victim, as long as rape is reasonably proven, and minimal evidence (that is, if there is even the slightest suspicion that the act was non-consensual) is sufficient to clear a woman’s name. The woman is also to be recompensed for her pain and suffering by the state.

Islam is clear in its treatment of rape and rapists, and takes the crime very seriously.

REFUTATION: TO SECOND PART OF ALLEGATION:

"Women testimony is half of Men"

This Man don't know himself what He is speaking on what matter, taking one matter and relating to the Issue which is not relevant to each other at all. This is sarcasm, fascism, highest level of hatred.

What He quoted In His post the Qur'an verse, in his way of style.

["QUR'AN (2:282) - ESTABLISHES THAT A WOMAN'S TESTIMONY IS WORTH ONLY HALF THAT OF A MAN'S IN COURT" ]

AGAIN DEVILISH WORK DONE BY THE PAGE ADMIN.

The verse of the Qur'an from Ch 2 Verse 282

": O ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, More suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah; For it is Good that teaches you. And Allah is well acquainted with all things. If ye are on a journey, and cannot find a scribe, a pledge with possession (may serve the purpose). And if one of you deposits a thing on trust with another, let the trustee (faithfully) discharge his trust, and let him Fear his Lord conceal not evidence; for whoever conceals it, - his heart is tainted with sin. And Allah knoweth all that ye do.
[Al-Qur'an ch 2 Verse 282]

In Brief: His Verse of the Qur'an talking about the Financial dealing, take Two men as witness if you there is not a two Men then take "One Man and Two Women"

Now He took that this verse which talking about the whenever Financial dealing or agreement taking place then it should be done with witnesses of Two men or One Men and Two Women and relating to the Rape Case.

For the more detail on:

WHY ARE TWO WITNESSES WHO ARE WOMEN, EQUIVALENT TO ONLY ONE WITNESS WHO IS A MAN?

https://www.facebook.com/notes/peacetv-a-call-towards-islamopen-group/why-are-two-witnesses-who-are-women-equivalent-to-only-one-witness-who-is-a-man/373494436119207

REGARDING THE INDIAN LAW:

According to the Indian law there is a sever punishment for the rape, some 10-20 years jail maximum but not death punishment for the rapist in Generally . 

The whole judicial procedure system functioning currently, which require a radical changes for the fast judgment.

1) When a rape victim appeals before the court for the Justice, she going to grilled kind of questions by the Defense Lawyer  in front of whole public, openly, its like a assassination of Her whole Character, modesty and her Womanhood , She has to face the absurd, dirty Questions like.

"How did he rape you ? He is on the top etc...(positions)
"How did he start etc... 
"How long His penis was ? 
"How long He did ? 
" What spot on his penis got ? etc... lot and lot........ I can't use those words....
"It very expensive to get justice"

For the More detail Watch this Video:
Satyamev Jayate Season 2 | FULL Episode # 1 | Fighting Rape

https://www.google.co.in/url?sa=t&rct=j&q&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CBwQtwIwAA&url=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D9J8ifuHyHjk&ei=gBgOVImLDZfZ8gWT_4DwDA&usg=AFQjCNE5kw7UHuLRXpKQRDa8XQ3SpuyuMA&bvm=bv.74894050%2Cbs.1%2Cd.dGc

It like a raping her again and again with the words and the Whole procedure goes for years and years, when she will get justice after 5, 10, 20,30 years later, all these days She has to suffer by keeping all those terrible memories in her mind and not let to forget because She has to appear before the court for repeating the same terrible story to all again and again.


CONCLUSION:

The Case in which a Daughter-In-Law raped by her Father-In-law and causes her to be pregnant. The women is pure & sinless, the child in her womb is also Sinless and pure and She still is a Wife of her Husband only, its absolutely a valid relation between them. If any woman raped by any dirty criminal, she don't become  wife of that criminal.

Her Husband and Whole society should look and care of that child, and up bring with Islamic ethos.
The Criminal who raped a women, He should be put to death.


Allah knows the best.