Rape And Its Burden Of Proof In Islam

Regarding the oft-asked question:
"Is it true that if a woman has been raped she is required to produce 4 witnesses to the offence?"

The crime of rape has not been directly or specifically mentioned in Al-Qur'an. However, the supreme importance of upholding the Laws of the Creator cannot be emphasized enough, for in doing so society and its members have access to justice, and are accorded fair treatment irrespective of race, gender, creed and so on.

In this piece I intend to quote from Al-Qur'an those Verses which I believe have a bearing upon this matter and which thus explain the status of women in the Sight of their Sustainer.


Surah 4 An-Nisaa, Verse 1;

"O Mankind! Reverence your Guardian Lord..
and the wombs (that bore you)..."


Surah 33 Al-Ahzaab, Verse 35;

Verily, the Muslims, men and women,
the believers, men and women,
the men and women who are obedient (to Allah)
the men and women who are truthful,
the men and women who are patient,
the men and women who are humble,
the men and women who give charity,
the men and women who fast,
the men and women who guard their chastity,
and the men and women who remember Allah much
with their hearts and tongues;
Allah has prepared for them forgiveness
and a great reward.


The above Verse clarifies the position and role of both genders in Islam - they are equal, though obviously not the same. Their responsibilities, duties and obligations within the framework of a Community or nation are equitably distributed, there is no question of one bearing a burden greater than the other. When the majority follow the principles and precepts of Islam a just society is created, wherein there is protection of the weak and provision for the meek. All social, moral, legal, intellectual, economic, financial aspects of a properly functioning Community rest upon both genders, they must work together and complement each other's different facets so that the risks of tension, conflict, injustice are reduced and kept to an absolute minimum.

That being said, there are always those elements in any society which seek to create disturbance, discord and destruction through their inability to restrain their lower selves and thus permit their base desires to overwhelm them.


Surah 7 Al-A'raaf, Verses 55,56;

Call unto your Sustainer humbly,
and in the secrecy of your hearts. Verily,
HE Loves not those who transgress the bounds
of what is right:
hence, do not spread corruption on earth
after it has been well ordered.



With especial regard to inappropriate relations between men and women, I draw your attention to the following Verses which stipulates equal punishment to both if found guilty through the testimony of 4 persons -


Surah 4 An-Nisaa, Verses 15, 16;

And as for those of your women who become guilty of immoral conduct, call upon four from among you who have witnessed their guilt; and if these bear witness thereto, confine the guilty women to their houses until death takes them away or Allah opens for them a way (through repentance)
And punish (thus) both of the guilty parties; but if they both repent and mend their ways, leave them alone: for behold, Allah is an Acceptor of Repentance, a Dispenser of Grace.


Surah 24 An-Nur, Verses 23, 24;

(But) verily, those who (falsely and without repentance) accuse chaste women who may have been unthinkingly careless but have remained true to their Faith, shall be rejected (from Allah's Grace) in this world as well as in the life to come: and awesome suffering awaits them
on the Day when their own tongues and hands and feet will bear witness against them by (recalling) all that they did!


Surah 25 Al-Furqan, Verse 72;

And (know that true servants of Allah are only) those who never bear witness to what is false, and (who) whenever they pass by (people engaged in) frivolity, pass on with dignity..


The scholars have stated that the crime of rape brings with it the punishment of floggings for the perpertrators, the number of these depends upon whether the man is single or married - the former carrying a slightly lighter sentence than the latter. A woman thus afflicted with this most grevious of offences is not required to produce any witnesses. If she knows who the guilty party is then the onus is upon the one thus named to clear himself of the charge of rape by proof supported by real evidence.

Naturally, any and all claims by defendants of the commission of crimes against them means that full and thorough investigations be carried out by the appropriate authorities. However, there is absolutely no question whatsoever of a woman who claims to have suffered the terrible experience of rape to be caused further and greater pain by demanding that she bring forward witnesses to the crime - Islam does not permit injustice to prevail under any circumstances.


Surah 4 An-Nisaa, Verse 32;

...Men shall have a benefit from what they earn, and women shall have a benefit of what they earn. Ask, therefore, Allah (to give you) out of HIS Bounty: behold, Allah has full Knowledge of everything.


All that Mankind seeks or desires maybe referred to his Bountiful Creator, ask HIM for the fullfilment of needs and none shall be denied nor turned away. Thus, employing force to take from another human being what he/she is not willing to give or provide is, in accordance with logic, reason and justice, absolutely forbidden.


Verse 34;

Men shall take care of women with the bounties which Allah has bestowed more abundantly on the former than the latter, and with what they spend out of their possessions. And the righteous women are the truly devout ones, who guard the intimacy which Allah has (ordained to be) guarded.



The above Commandment is applicable to men only - in the sense of their being providers, protectors, preservers of the female members of their family and Community. This means that men are required, by Law, to take care of the financial, emotional, physical, etc., well-being of their female counterparts. At the same time, women are required to preserve their modesty and guard themselves from succumbing to temptations which are ever present everywhere.




Surah 17 Al-Israa, Verse 15;

Whoever chooses to follow the Right Path, follows it but for his own good; and whoever goes astray, goes but astray to his own hurt; and no bearer of burdens shall be made to bear another's burden...



Men and women who express their natural needs and desires within the parameters of Islamic Ordinances are prevented from committing evil or unjust acts against themselves or each other. Those who overstep these limits and boundaries risk bringing upon themselves the full force of Islamic Law and also incurring the Wrath of Allah SWT.

© Jadz Deen 2009