Sharia law: If a women can't prove rape will she get punished for that?

Sources

• ✓ 4:15 · An-Nisaa

  4:15 · Muhammad Marmaduke Pickthall

  وَٱلَّٰتِى يَأْتِينَ ٱلْفَٰحِشَةَ مِن نِّسَآئِكُمْ فَٱسْتَشْهِدُوا۟ عَلَيْهِنَّ أَرْبَعَةًۭ مِّنكُمْ ۖ فَإِن شَهِدُوا۟ فَأَمْسِكُوهُنَّ فِى ٱلْبُيُوتِ حَتَّىٰ يَتَوَفَّىٰهُنَّ ٱلْمَوْتُ أَوْ يَجْعَلَ ٱللَّهُ لَهُنَّ سَبِيلًۭا

  As for those of your women who are guilty of lewdness, call to witness four of you against them. And if they testify (to the truth of the allegation) then confine them to the houses until death take them or (until) Allah appoint for them a way (through new legislation).

• ✓ Tafsir Ibn Kathir on 4:15

  Sunni

  Tafsir Ibn Kathir · 4:15

  At the beginning of Islam, the ruling was that if a woman committed fornication and her adultery was proven by reliable testimony, she would be confined to her home and not allowed to leave it until she died. This is why the verse says: "And those of your women who commit immorality, then call to witness four of you against them." This means adultery, and then it continues: "If they testify, then confine them to the houses until death." This confinement was the initial ruling. This ruling was stated by Ibn Abbas, who said that it was the case until Allah revealed Surah An-Nur, which abrogated this law with the punishment of flogging or stoning. This abrogation is also reported from many scholars such as Ikrimah, Sa’id ibn Jubayr, Al-Hasan, Ata’ Al-Khurasani, Abi Salih, Qatadah, Zaid ibn Aslam, and Ad-Dahhak, who agreed that the confinement ruling was abrogated. Imam Ahmad narrated from various chains that when the revelation came down regarding this issue, the Prophet ﷺ would visibly be affected and troubled. When Allah revealed the verse ending with "or Allah may make for them a way," the Prophet ﷺ said: "Take from me, Allah has made a way for them: for the unmarried (virgin) woman, flogging a hundred lashes and exile for one year; and for the married woman, flogging a hundred lashes and stoning with stones." Then he repealed the exile. This narration is reported in Sahih Muslim and the other Sunan collections with slight variations in wording. Tirmidhi declared this narration as good and authentic. Abu Dawud At-Tayalisi also narrated a lengthy version of this report, confirming that the Prophet ﷺ said after the revelation: "Take, take! Allah has made a way for them: the unmarried woman is flogged a hundred lashes and exiled for a year; the married woman is flogged a hundred lashes and stoned." Imam Ahmad also transmitted a similar narration from Waki’ ibn Jarrah and others. Another narration from Ubayy ibn Ka’b states that the Prophet ﷺ said: "The two unmarried women are flogged and exiled, the two married women are flogged and stoned, and the two elderly are stoned." This narration is rare and unusual in this form. Tabarani narrated from Ibn Abbas that when Surah An-Nisa was revealed, the Prophet ﷺ said: "No confinement after Surah An-Nisa." Imam Ahmad ibn Hanbal supported the view of combining flogging and stoning for the married adulteress, while the majority of scholars hold that the married adulteress is only stoned without flogging. They say this because the Prophet ﷺ stoned a woman named Ma’iz and other adulters without flogging them first, indicating that flogging is abrogated for them. Regarding the phrase: "And those of you who commit immorality, then punish them," scholars like Ibn Abbas, Sa’id ibn Jubayr, and others explain the punishment initially was verbal abuse, cursing, and beating with sandals, as the early ruling, until Allah replaced it with flogging or stoning. Ikrimah, Ata’, Al-Hasan, and Abdullah ibn Kathir said it refers to both men and women who commit adultery. Al-Suddi said it referred to youths before marriage, and Mujahid suggested it might refer to male homosexual acts, although Allah knows best. The Sunnah reports from ‘Amr ibn Abi ‘Amr, from Ikrimah, from Ibn Abbas that the Prophet ﷺ said: "Whoever you see performing the acts of the people of Lut (i.e., sodomy), kill both the active and passive parties." Concerning the phrase: "But if they repent and reform," it means they abandon the sin and their deeds become righteous and acceptable. Then "leave them alone" means do not insult or abuse them with harsh words afterwards, as repentance wipes away their sin. Allah is ever accepting of repentance and merciful. This is supported by the authentic hadith recorded in the two Sahihs: "If one of your servants commits adultery, then flog, but do not disgrace her beyond that (by publicizing her shame)," meaning, do not reproach her after the punishment as it cleanses the sin.

• ✓ Al-Kafi 3:79

  Shia

  Al-Kafi · Book 3, Hadith 79

  I wrote to Abu al-Hasan (peace be upon him) about the supplication 'Praise be to Allah, the utmost of His knowledge.' He wrote me back, "Do not say 'the utmost of His knowledge.' His knowledge has no limit; rather say, 'the utmost of His pleasure.'" — OR — My father (peace be upon him) used to say: 'Say: He is Allah, the One' is a third of the Qur'an, and 'Say: O disbelievers' is a quarter of the Qur'an. — OR — When death approaches the believer, his face becomes whiter than the whitest color. His forehead becomes moist, and tears flow from his eyes like tears. This is the departure of his soul. As for the unbeliever, his soul comes out in a violent gush from his side like foam from a camel, or like the birth of a camel. — OR — I heard Abu Abdullah (peace be upon him) say: One should not take soil from around the Ka’bah, and if one takes any of it, it should be returned. — OR — Allah created Adam from water and clay, and the disposition of the son of Adam is in the water and clay, and He created Eve from Adam, and the disposition of women is toward men; therefore, keep them protected inside your houses. — OR — He was asked while I was present about a man who sold a slave girl to another for a year, and when the buyer received her, he freed her the next day and married her, making her dowry her manumission. Then, he died a month later. Abu Abdullah said: If the buyer had money or a contract covering the payment of any debt on her neck, then his freeing and marriage are valid. But if he had no money or contract on the day of death to cover any outstanding debt on her, then freeing and marriage are invalid, for he freed what he did not own, and I consider her a slave to her first master. He was asked: What if she was pregnant by her emancipator husband? He said: The one in her womb is as the mother is. — OR — Amir al-Mu'minin (peace be upon him) said concerning a mad woman who committed fornication and became pregnant: She is considered like a stray and powerless over herself; thus, neither stoning, flogging, nor exile applies to her. And concerning a woman who admitted that a man forced himself upon her, he said: She is like a stray who doesn’t control herself, and if he wished, he could have killed her. Therefore, her punishment is neither flogging, exile, nor stoning.